I will shortly be buying both resedential properties and also a commercial investment. Currently am based in the UK until June/July, I am finding it difficult to locate the names of Exclusive buyers agents in the Palm Coast / Flagler area of Florida can anyone help with any contact names.

http://www.forbuyers.com/new_state.asp?stID=8&areaID=172

http://www.exclusivebuyersagents.com/jacksonville/compare.htm

Here's a couple to choose from

Hello there:

My name is Raquel Mangual and I am an agent with New Homes Realty, a broker that provides exclusive buyer representation ONLY. Please check out our agents in the Palm Coast, FL area at:

http://newhomes.com/metro/metro_palm_coast_metro_new_homes.html

? Why did you bump the post?

He asked for a referral two years ago.

I'm glad you let me know. I assumed (incorrectly) that it had just been left. I have no idea how I even SAW anything so old. I've only been on here 3 days. This is set up a little different from blogs I'm familiar with. humm. 'bump the post' - never heard that term before. In asking Why, you imply that it was intentional. Is there a valid reason one would do that.

I sure hope I don't do it again.

Terry3147:

Although I have been a broker for many years, I, would be hesitant in purchasing property in a area, where I was both unfamiliar with the law governing real estate and the local standards of practice.

In order to protect and safeguard my interests, I would engage the services of a local buyer’s broker, and one who would agree in writing, that our relationship was for all intent and purpose a fiduciary relationship.

The elements of a fiduciary relationship would make both the agent and his firm liable for any acts and/or omissions that were detrimental to his clients best interest.

A real estate professional recognizes his fiduciary obligations and will undertake to use his best efforts and due diligence in fulfilling said obligations, but also to elimanate his own liability for a breach of his fiduciary obligations to his client.

Further, I would require the insertion of a clause in the agreement, similar to the effect that:

“Not withstanding anything to the contrary, that in the event, a foreseeable conflict interest should arise between the agent and his fiduciary duty, the buyer shall without cost or obligation, have the sole and absolute right to terminate this agreement by notice in writing delivered to the agent.”

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult an attorney in the relevant jurisdiction to ensure accuracy before acting on this information .

“Not withstanding anything to the contrary, that in the event, a foreseeable conflict interest should arise between the agent and his fiduciary duty, the buyer shall without cost or obligation, have the sole and absolute right to terminate this agreement by notice in writing delivered to the agent.”

I suggest you remove the word "foreseeable".

You are right but I think the original poster could use some "on the job" life experience. I don't think he/she has learned much from the training classes.

Addendum:
The term "foreseeable" is optional, but it gives the buyer some control over the properties he desires to be shown and will circumvent the likelihood of a “duel agency” situation, whereby the agent purposely manipulates the buyer into the purchase one of his own personal listings or that of his firm, in order that he may increase his earnings, and therefore putting his personal interest above the interest of his client.

Trust me, it has happened.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult an attorney in the relevant jurisdiction to ensure accuracy before acting on this information .

Including the term "foreseeable" limits the circumstances under which the buyer may cancel. Not including it allows the buyer to cancel if ANY conflict arises. Forseeable or not.

Broker-In-NJ:

My initial response, posted above related to what I would do personally and what I would require if I were engaging a buyer's agent as a consumer.

Naturally, I want the agreement to primarily serve my best interests, and not the interest of my agent or the opposing party.

If an agent doesn't feel he can fulfill his fiduciary obligations to me or is hesitant about agreeing to do so, I would take that as a NO and simply find another agent.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult an attorney in the relevant jurisdiction to ensure accuracy before acting on this information .

I question the meaning of Duel agency. I am familiar with dual agency where an agent represents both parties in one transaction. If I can take a guess "duel agency" must use as a negotiating tool weapons of choice at noon with seconds present?

lol, or maybe it is what we are doing right now!!

If you follow my posts I'm sure you will have many opportunities to take a shot.

Auburn: I looked back at the date of the original post. You are right it definately got bumped. Im just glad to finally see some posts in this area of the forum.