Buyer Agent and Seller Agent
248-835-2340
Before you call the listing agent to purchase your next home, consider the following disadvantages of working with that agent. When a real estate professional at Ben Lang Properties acts as your designated buyer's representative, you have the freedom to discuss the value of the properties, negotiating strategies, and personal finances. Best of all, it's free for home buyers!
For your protection call Ben Lang before looking or calling on any home for sale, including new construction, it could save you tens of thousands of dollars.
Fiduciary Duties Of A Real Estate Representative
A real estate broker who becomes a representative of a seller or buyer is deemed to be a fiduciary. Other examples of fiduciaries are trustees, executors, and guardians. As a fiduciary, a real estate broker is held by law to owe specific duties to his/her principal (the person who they are representing), in addition to duties or obligations set forth in a listing agreement, buyer representation agreement, or other contract of employment.
These obligations include loyalty, confidentiality, obedience and disclosure.
A listing agent has fiduciary responsibility to his or her seller, because they have signed a listing agreement with that seller. Wouldn't you want to hire someone to work on your behalf rather than working with someone whose loyalty lies with the seller?
As your buyer's representative, the Ben Lang Properties staff can provide to you the following valuable services:
| Buyer's Agent | Seller's Agent |
| Based on my market expertise, I can help you clarify your buying objectives and maximize your choices. In addition, everything you share with me I must keep confidential. | A seller's agent will offer you few choices because that benefits the Seller. In addition, a seller's agent must disclose any and all information about you and your qualifications to the Sellers. |
| I can help you determine your probable price and discuss financing options. Again, I must keep your financial situation confidential unless you give me permission (and it's in your best interests) to share some or all of this data with the Sellers to demonstrate your credit-worthiness. | By disclosing too much of your financial information to the Sellers, a seller's agent may imply that you can well afford to pay the asking price even if you have no intention of paying it. This may affect the Seller's mind-set when negotiating a sales agreement with you. |
| In addition to using the Multiple Listing Service (MLS), I will aggressively pursue other sources in order to identify properties which will meet your needs. I will also keep you advised of all new listing as soon as they come on the market. | A seller's agent may not be as motivated to stay on top of the market because there is no contract which obligates you to work together. |
| I can make arrangements to show you suitable properties. Please ask me to accompany you whenever you want to view a property so I can protect your interests and provide representation. | When working with a seller's agent, you are free to see properties on your own, but you may inadvertently jeopardize your negotiating position while conversing with the Sellers or Listing Agent. |
| I can provide you with information about the properties you are seeing (for example, information about the schools, neighborhoods, taxes, etc.)…everything that I can uncover about the properties that could affect your buying decision. | A seller's agent must not tell you anything that would be detrimental to the Seller's interests, except what is required by law. |
| I can help you evaluate the positive and negative features of properties you're considering and make recommendations based on your best interests. I can also give you comparable sale data so you can make a good decision about an offering price. Together we can discuss and formulate acquisition strategies, and when you're ready, I will prepare and ‘offer to purchase' which will achieve your objectives and protect your interests. (Attempting to negotiate on your own without your agent's assistance could be very costly.) | A seller's agent can only discuss the positive features of the properties you are considering because his/her duty is to serve and protect the Sellers. Also, a seller's agent may not give you an opinion of a property's real value (unless it serves the Seller's interests). A seller's agent can prepare the necessary documents to assist you in purchasing a property, but is always working on the Seller's behalf, not yours. In fact, he/she is obligated to make every effort to get the Sellers the most $$ possible for their home. |
| When presenting your offer to the Sellers, I will negotiate on your behalf, and disclose to you any information regarding the Sellers' willingness to accept a lower price than stated. | A seller's agent can only act as a go-between, not as your advocate, when presenting your offer. He/she must disclose to the Sellers your ability and/or willingness to pay a price higher than what is stated in your offer. |
| I can assist in arranging desired inspections and follow up on the applicable contingency removals on a timely basis. During this process, I will promote your interests in every way possible. | Again, a seller's agent can do paperwork to facilitate your transaction, but may not act as your advocate if inspections reveal problems or you feel the need to re-negotiate. |
| I will keep you informed during the entire home-finding process, advising you of both good and bad news, and looking out for your best interests. | A seller's agent cannot advise you of anything detrimental to the Seller's interests unless required by law, and cannot act as your advocate if problems arise. |
| I can assist in your efforts to obtain the best financing and work with your lender in the preparation of all mortgage documents. In addition, I will keep confidential any special conditions or lender requirements and assist you in satisfying them. | A seller's agent may not be as understanding or helpful if problems with your lender or mortgage approval arise. |
| I can make sure all the closing documents are prepared accurately and on a timely basis, discuss them with you and/or your attorney, and try to schedule the “closing” when it's the most convenient for you. | A seller's agent is always looking out for the Seller's best interests from start to finish. |


