Real estate brokers and buyers
Nov 22nd, 2008 by admin in real state brokers
Real estate brokers and buyers
According to economist Steven Leavitt in his 2005 book Freakonomics in practical terms, there is rarely a great enough difference between the listing (asking) price and the negotiated selling price to make a significant difference between the commissions generated on each side, and certainly hardly enough to justify an agent failing in his fiduciary duty to obtain the best terms for his/her client. However, when an agent is selling their own property, there exists a greater incentive to sell for a higher price and this is seen in examining historical home sale prices. [13]
Another potential conflict of interest exists when a listing agent in a very active real estate market has incentive to sell properties quickly at unnecessarily low prices in order to benefit from a high volume of sales
With the increase in the practice of buyer brokerage in the US, especially since the late 1990s in most states, agents (acting under their brokers) have been able to represent buyers in the transaction with a written “Buyer Agency Agreement” not unlike the “Listing Agreement” for sellers referred to above. In this case, buyers are clients of the brokerage.
Some brokerages represent buyers only and are known as Exclusive Buyer Agents (EBAs). Consumer Reports states “You can find a true buyer’s agent only at a firm that does not accept listings”