Apr
16
Consumer, Do you understand Agency?
Posted by Heather Lamp under For Buyers, For Sellers, General Information
The State of South Carolina real estate commission mandates how all real estate agents/brokers are to work with the public. In the state of SC it is required that at the first available opportunity, agents are to review and explain the SC Agency Brochure to the consumer. In the state of NC, the NC real estate commission requires a signature from both the agent and the consumer stating agency disclosure has been explained.
In the state of SC & NC, you have the choice of two representations as a consumer. You can choose to be a customer or a client. It’s very important as a consumer, you understand the difference and make the choice as to how the agent will represent you before you begin the process of looking at property. In the states of North & South Carolina the agent must be hired to either represent the seller or the buyer. If you are purchasing a property and have not signed an agreement “Exclusive Right to Represent Buyer” then the agent must represent the seller during the transaction and you will remain a customer.
*** It’s very important you as the consumer understand the importance of this information and decide how you will be represented prior to meeting with an agent. If you select to be a customer, keep all information as a buyer to yourself. Ex: How low you will go in the offer negotiations. Remember…the agent will represent the seller without an ERTRB signed.
A customer is entitled to honest and full disclosure of all material facts, information about listings, showings of properties you select to view as well as prepare contract forms to be submitted as offers. As a consumer, your agent is not allow to make suggestions about property value, or negotiate on your behalf or obligated to point out “Non-Material” facts. Agents are not able to disclose sales history of the property or provide any information about the seller’s reasons for moving. The agent can not provide you with confidential information or offer you confidentiality. Nor is the agent allowed to interpet the market analysis of the neighborhood you are interested in purchasing a home. As a customer your agent will always work in the best interest of the seller. Home shoppers who hop around agent to agent are not likely to find out all the information they need to make a best offer in their best interest. These are the very reasons why it’s important for consumers to find an agent/broker they can build a professional partnership with and contract to work with them in the purchase of their next property.
A client is entitled to full confidentiality as with a client/attorney fiduciary relationship. As a client you will benefit from the agent/brokers negotiation expertise, full disclosure of all non-material and material facts which may or may not effect the property value, property showings of all listings including for sale by owners and MLS lsitings which disallow sub-agency. As a client you hire the agent to represent you. You are not obligated to purchase a property. However, you are obligated to use your buyer agent in the transaction. Your real estate agent is committed in writing and obligated to work 100% in your best interest and commit to serving your best interest only.
Please contact our team at www.Heather-Lamp.com to request a copy of the NC or SC Agency Disclosure. If you are looking to partner with a professional real estate agent for the purchase of your next property, please call our Buyer/Relo Specialist Katherine Finley at 803.524.0965 or our office at 803.835.0213. Via email yournextmove@kw.com
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