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#261623 - 11/26/08 02:29 PM Re: Duties of Buyers Agent vs. Exclusive Buyers Agent [Re: Bigtoe]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2289
Loc: CO
Quote:
So if a court decided he did not have to show all of the MLS houses how could we be held responsible for not showing secret fsbo listings.


I don't think we are talking "secret" FSBO listings here.
You are driving a buyer around and had agreed to also show FSBO's (if you don't want to show FSBO's let your buyer know up front).
A subdivision which the buyer is very interested in to purchase, also has a couple of FSBO's, why would you not inquire info. from the owner for your buyer?

No one is talking about finding the needle in the haystack. Let common sense prevail.

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#262028 - 11/29/08 09:53 AM Re: Duties of Buyers Agent vs. Exclusive Buyers Agent [Re: pikes peak]
Bigtoe Offline
Veteran Member

Registered: 10/14/07
Posts: 614
Loc: Outer Banks
Originally Posted By: pikes peak

I don't think we are talking "secret" FSBO listings here.
You are driving a buyer around and had agreed to also show FSBO's (if you don't want to show FSBO's let your buyer know up front).
A subdivision which the buyer is very interested in to purchase, also has a couple of FSBO's, why would you not inquire info. from the owner for your buyer?

No one is talking about finding the needle in the haystack. Let common sense prevail.


Not all of us agree to show fsbos. I never use an EBA, just the BA none exclusive disclosure. I have never shown a fsbo. I have never lost a client to a fsbo. I will stop in front of the fsbo so the buyers can write down the phone number and let them know I could represent them for a fee if they wish. Never a problem.

If the fsbo in the article wasn't a secret how come the buyer did not know it was for sale before closing and only found out when the seller told them about it?

Again, this story is pure fabrication.
_________________________
Your Outer Banks real estate agent. Visit Outer Banks Community Forum for all the latest OBX events.

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#262041 - 11/29/08 11:54 AM Re: Duties of Buyers Agent vs. Exclusive Buyers Agent [Re: Bigtoe]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2289
Loc: CO
Quote:
Again, this story is pure fabrication.


You are missing the point of this exercise. As I mentioned above, the buyer’s rep. should specify search parameters to avoid breaching the fiduciary duty prior to showing properties.
Duties of a Buyers Agent

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#262061 - 11/29/08 03:04 PM Re: Duties of Buyers Agent vs. Exclusive Buyers Agent [Re: pikes peak]
Devil's Advocate Offline
Member

Registered: 01/03/05
Posts: 259
Loc: Ontario, Canada
LOCALLY: When retained by a Buyer, we are legally obligated to fulfill our fiduciary duty to the Client, pursuant to the law of agency.

Our compensation is covered in our "Buyer Representation Agreement", wherein we are entitled to be paid by the Buyer, the full amount of our agreed compensation and any shortfall in relation thereto.

Therefore, the decision is up to the Buyers as to whether or not they are prepared to bear the cost of the entire amount of the agreed compensation payable to the Buyer Brokerage or any shortfall in relation thereto, or forego the viewing of properties where there is either inadequate or no compensation to be obtained from a listing brokerage or a seller.

In the event the Buyer desires to view all properties irregardless of the compensation being offered, if any, Then we show all properties as may fit the Buyer’s description and informing the Buyer the amount, if any, a listing brokerage or a seller will pay.

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 a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .

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#262642 - 12/02/08 10:35 PM Re: Duties of Buyers Agent vs. Exclusive Buyers Agent [Re: broker]
rwilson99 Offline
Member

Registered: 09/04/05
Posts: 479
Loc: Tampa, Florida
It all hinges on the type of agency offered...

In Florida... the types of representation are Single Agency, Transaction Brokerage and Single Agency with Transition to Transaction Brokerage...

If you are working primarily as a Single Agent... you gladly show the flat fee listings and the FSBOs and let your client know to reduce their offer and take advantage of the savings.

If you are only working as a Transaction Broker... there is no condition of loyalty... therefore there is no fiduciary responsibility to the customer.

It is what it is.
_________________________
Robert Wilson
Keller Williams Tampa

I am not a laywer, and I can't even spell very well.

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#262647 - 12/02/08 11:38 PM Re: Duties of Buyers Agent vs. Exclusive Buyers Agent [Re: broker]
Viktor Offline
Member

Registered: 09/23/07
Posts: 429
Loc: Plano, TX
No, you are not obligated to show them all of the properties.
_________________________
Viktor Taushanov
Coldwell Banker Residential Brokerage
Plano, TX
http://planorealestateadvisor.com
http://planorealty.blogspot.com
Viktor.RealtyBG@live.com


I love referrals!

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