CHATHAM VILLAGE REALTY, LLC - Chatham's Finest Real Estate Sales and Vacation Rentals

 

Buyer Representation

 

Chatham Village Realty provides three types of representation for our clients - buyer representation, seller representation, and dual-agency representation.  On this page, we will provide information related to buyer representation and dual-agency representation.

Given the nature of our resort area, we frequently host visitors to our office who are "just looking" at property on the Cape.  This casual approach to viewing property for sale is fine with us, in fact this is how we begin many of our valued client relationships.  Nonetheless, we are still required by law to disclose our agency relationship to you, and we ask that you help us let that state know that we complied with this law by signing the agency disclosure form, a copy of which can be found here.  As outlined in our Buyer's Guide, this disclosure form is not a contract.  In fact, we do not require a contract when we provide Buyer Representation.  We are confident that the initial impression we make on you and the relationship we develop will be stronger than any contract that would bind you to us.  As such, the only document we will ask you to sign is the agency disclosure that provides the following information:

A buyer can engage the services of a real estate agent to purchase property and the real estate agent is then the agent for the buyer who becomes the agent's client.  This means that the real estate agent represents the buyer.  The agent owes the buyer undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate.  The agent must put the buyer's interests first and negotiate for the best price and terms for their client, the buyer. 

This is buyer representation in a nutshell.

 

DUAL AGENCY REPRESENTATION

We must also take a moment to review dual agency representation and what triggers this type of representation.  Dual agency representation will occur when you find yourself interested in a property that we have listed for sale in our office.  Since we could end up representing both the buyer and the seller in the same transaction in the same brokerage firm, we would then resort to dual agency.  Dual agency must be consented to by both the buyer and the seller in the transaction.  Our agency disclosure form explains the impact of dual agency representation in the following manner:

A real estate agent (or firm) may act as a dual agent representing both the seller and the buyer in a transaction but only with the express and informed consent of both the seller and the buyer.  Written consent to dual agency must be obtained by the real estate agent prior to the execution of an offer to purchase a specific property.  A dual agent shall be neutral with regard to any conflicting interest of the seller and buyer.  Consequently a dual agent cannot satisfy fully the duties of loyalty, full disclosure, obedience to lawful instructions which is required of an exclusive  seller or buyer agent.  A dual agent does, however, still owe a duty of confidentiality of material information and accounting for funds.  The written consent for dual agency must contain the information provided for in the regulations of the Massachusetts Board of Registration or Real Estate Brokers and Salespeople.  A sample dual agency consent form may be found here.

While dual agency is not common, it does occur from time to time, and it is both important and required that both buyers and sellers be informed of this possibility at the commencement of a relationship.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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