Standard A(1): A Buyer Agent
will disclose that he/she is a Buyer Agent and define his/her agency relationship to a
prospective Buyer-Client. A Buyer Agent will explain how different agency relationships
may affect the level and type of service a Buyer-Client may receive from a real estate
agent.
Standard A(2): Before entering into an
agreement with a Buyer-Client, a Buyer Agent will determine if any conflict of interest
may exist on his/her own part or that of a Buyer-Client. If a conflict should occur, a
Buyer Agent should be precluded from representing a Buyer-Client, who should have the
option of seeking representation elsewhere.
Standard A(3): A Buyer Agent will provide a
copy of these professional Standards and answer any questions a Buyer-Client may have
about them.
Standard A(4): A Buyer Agent will enter into
a written Agency Agreement with his/her Buyer-Client. The agreement will include beginning
and ending dates, the service fee structure and payment method, and the responsibilities
of both parties.
Standard A(5): A Buyer Agent will make
him/herself available to his/her Buyer-Client in a timely manner.
Standard A(6): A Buyer Agent will pledge
absolute confidentiality to a Buyer-Client when representing him/her, thereby protecting
that Buyer-Clients ability to negotiate all aspects of the transaction.
Standard A(7): A Buyer Agent will counsel a
Buyer-Client regarding his/her financial qualifications and will assist that Buyer-Client
in seeking and working with mortgage lenders. A Buyer Agent will not steer his/her
Buyer-Client to any one lender but instead will assist him/her in evaluating interest
rates and closing costs.
B. SERVICES
PROVIDED IN THE GENERAL PROPERTY SEARCH PHASE
Standard B(1): A Buyer Agent will discuss
objectives and preferences in property styles, age, floor plans, and so forth with a
Buyer-Client, then develop from this information a target property profile for him/her.
Standard B(2): Based upon the target
property profile, a Buyer Agent and his/her Buyer-Client will determine the appropriate
level of property preview services to be provided.
Standard B(3): With a Buyer-Clients
target property profile in mind, a Buyer Agent will search the real estate market,
including properties for sale by owners and builders, to locate properties to show that
Buyer-Client.
C. SERVICES
PROVIDED IN THE PROPERTY SELECTION/CONTRACT OFFER PHASE
Standard C(1): A Buyer Agent will discuss
and evaluate the properties viewed with his/her Buyer-Client, comparing each property
shown with the target property profile.
Standard C(2): Before preparing an offer to
purchase, a Buyer Agent will inform a Buyer-Client about any defects or problems he/she
has observed or in any way discovered regarding the target property.
Standard C(3): Before preparing a contract
offer on behalf of his/her Buyer-Client, a Buyer Agent will prepare a comparative market
analysis, including explanations and documentation, to determine the target
propertys market value. A Buyer Agent will not prepare an offer to purchase a
property he/she has not seen.
Standard C(4): Before a Buyer-Client signs
an offer to purchase, a Buyer Agent will provide that Buyer-Client with an estimate of
closing costs and, whenever possible, with the truth-in-lending estimate provided by the
mortgage company.
Standard C(5): A Buyer Agent will counsel
his/her Buyer-Client and explain the choices available in completing a real estate
contract. This real estate counseling is based upon a Buyer Agents experience in
negotiation and real estate business decisions and is not legal advice. Legal matters
should be identified and a Buyer-Client advised to seek legal counsel where appropriate.
Standard C(6): Whenever possible, a Buyer
Agent will prepare the contract offer on a form which has been designed to protect a
Buyer-Clients interest. A Buyer Agent will provide proper disclosures regarding
agency representation and other matters as required by law.
Standard C(7): A Buyer Agent will develop
contract negotiation strategies with his/her Buyer-Client, establishing pre-set limits on
key points of negotiation when that Buyer-Client wishes to do so. A Buyer Agent will
actively negotiate only on behalf of his/her Buyer-Client.
Standard C(8): Before submitting a contract
offer to a Seller, a Buyer Agent will counsel his/her Buyer-Client regarding the time
requirements specified in the contract and will encourage that Buyer-Client to have
professional inspectors inspect the property if the contract is accepted.
D. SERVICES
PROVIDED IN THE ESCROW-TO-CLOSING PHASE
Standard D(1): A Buyer Agent will
counsel a Buyer-Client regarding the types of home inspectors, the suggested criteria for
selecting home inspectors, and the comparative costs of inspection services. A
Buyer-Client will select real estate inspectors. A Buyer Agent will encourage his/her
Buyer-Client to be present during inspections.
Standard D(2): A Buyer Agent will notify a
Seller or a Sellers Agent in writing of inspectors findings and of
corrections/repairs mandated by a Buyer-Client. A Buyer Agent will specify a
Buyer-Clients desire to proceed or cancel the purchase contract whenever such
notification is required.
Standard D(3): A Buyer Agent will maintain
contact with a Buyer-Clients title company and mortgage company to make sure that
his/her Buyer-Clients interests are being protected.
Standard D(4): A Buyer Agent will review a
settlement statement with his/her Buyer-Client at or before closing, if possible.
Standard D(5): A Buyer Agent will accompany
a Buyer-Client on a property walk-through before closing.
Standard D(6): A Buyer Agent will attend a
closing with a Buyer-Client. A Buyer Agent should be prepared to support his/her
Buyer-Clients position at closing.
Standard D(7): A Buyer Agent will keep
records of transactions for a reasonable period of time and will provide this information
to a Buyer-Client on request.
These Standards of Practice establish
obligations that include all those consistent with the "Common Law of Agency"
and are considered to be client-level, not customer-level, services. These obligations
are, in many instances, higher than those mandated by law. If there is any case where the
law requires a greater obligation than these Standards of Practice, then the requirements
of the law must be followed. It is the duty of each individual Exclusive Buyer Agent to
make himself or herself aware of the laws, which may affect him or her. The Buyer's Broker, Inc., never represent a seller, and will never
have even a casual relationship with sellers, which could cause confusion and misunderstanding as to whom we represent.