Attorneys Practice Law--A Realtor is the Real Estate Expert! You do not need a Buyer's Broker-mainly because the seller is paying the commission and will communicate and negoiate through thier Agent. My best advice is to research the area and work with an Experienced Agent who is familiar with the area of your choice and can advise you of the values, recent sales and guide you through the process.

You can always be sure an ATTORNEY will bill you and go after you if you do Not pay.

You can be a Dual Agent. Meaning that you represent both the buyer and seller. In all my years in real estate I saw attorneys kill a lot of transactions that should not have happened. DISCLOSURE in WRITING is the key. Do NOT accept anything orally. Get it in Writing. That way you have a paper trail in case of non-disclosure issues. To me my license was worth far more than any commission. I was very lucky, I always had more clients than I could work with, and at times I had to tell potential clients that I was sorry but that I had so many clients that I could NOT give them the time that they desearved. MY best advice is "GET IT IN WRITING". Was I ever sued? Yes I was. It took 7 years in the legal system..but the end result was the judge gave the other side a tongue lashing that you would not believe. I have never seen any two grown men slink out of a court room as fast as they did. Did I get a lot of Money out of the lawsuit. NO, because I did not ask for any. I believe in the fact that "equity begets equity"

In California where I did real estate for over 25 years I would tell the buyer or seller to run as fast as they could. Every time you get an attorney involved they try to prove their worth (even though they are probably charging you hundred of dollars per hour already) They try to prove they are doing something for your benefit. In 99% of the cases I saw all the attornies did was make money. Some of them never even met with the people they supposedly were representing. A reputable real estate agent or broker wants to keep you as a client for life. If they screw you they know they are only stabbing themselves in the back. It would hurt my feelings when I could hear my clients whispering in the back of my Mercedes"she may only want the commission". I would Thank them and tell them that NO I wanted them for LIFE, I wanted their children, their aunts and uncles as clients as clients. If I screw them I am only hurting myself.

Congratulations Firefly. You learned before you were squashed like a bug.

I suggest that all buyers use a Buyer's Agent to represent them in the purchase of their home. This is a huge investment for most people. A buyer's agent will represent the buyer's best interests and be on their side. A buyer's agent is able to pull comparable sales and provide professional advice on how much the buyer should pay, which home inspectors are recommended to use, and guide them throught the many intricacies of the purchase. A buyer's agent will typically have alot more time and be much more available to the buyer than a real estate attorney can be.

In all cases if you have problems the Buyers Agent Agreement if you signed one will not be valid. It is better to use a full time Real Estater Broker or Agency. I was the Judge in Arkansas for over 6 years and these buyers agency agreements will not hold up if problems arise.

Hello Firefly,

It is always wise to have someone looking after your own personal interests when brokering a real estate deal. Most agents would prefer not to split commissions with another party but who is looking out for your interest? Just allowing your buyer's agent to have the open conversation with the sellers agent levels the playing field and helps you ask the important questions about the neighborhood, school district and soundness of the property. Here is a page that discussed what you can expect from a buyer's agent relationship.
Good luck!
Val

In any Real Estate transaction, there are multiple factors that you need to be aware of - market value, negotiations, condition of the house, zoning, permits, potential hazards etc. It's in your best interest to have a qualified licensed Real Estate professional with you to help you through the maze. There just isn't any downside to having a Buyer Agent. Remember, the Listing Agent works for the Seller (or Builder).

Find a REALTOR® that specializes in buyer representation. The listing agent represents the seller and has a fiduciary responsibility to look out for their best interest. Always ask for a CMA on the property you are interested in. This will show the kind of potential equity you might be buying into. If the average sale price in the subdivision (given the appx same sq. ft., bed and bath) is 175k, but the home you are interested in is selling for 150k. This means you have the potential to get 25k in instant equity if there are no repairs that need to be done to the property. I am licensed in Texas, but have connections to buyer's agents all over the country.

Alan Harper
Keller Williams Southwest
http://alanharper.yourkwagent.com
281-905-2414

I would suggest hiring a buying agent to look out for your best interests-Yes.

-Mike

You can choose to pay an agent yourself to negotiate the property. It may also be that the listing agent does not have an exclusive agreement on the property. Craigslist is a swamp.

"A real estate attorney is not an expert buyer's agent.."

Well put, Jason. In most cases and in most states attorneys don't negotiate for you, they just make sure the contract is valid. Attorneys don't pull up comparables and discuss offering strategies. They just help you fill out the papework.

Unless your someone who has purchased several properties prior to this one. I suggest you interview several buyers agents until you find one you feel comfortable with, one that you believe has your best interest at heart and not just the commission they will receive, they need to be working for you since this purchase is a major decision in your life not theirs.

Only hire a buyer's agent if you want someone protecting your best interest. You have the right to representation if you want it, but that is your decision. A real estate attorney is not an expert buyer's agent... not even close and that can make a big difference.

If the buyer's agent didn't show you the property, why get the agent involved

""Just to update everybody, I ultimately decided not to proceed with this condo. I did feel that the seller's agent was not working in my best interest, and since this is my first time buying a home, I would appreciate having a buyer's agent on "my side". ""

Way to go, Firefly! You made a good decision!

I feel that it is important to have your own agent that will be dedicated to protecting your best interests.
The sellers agent will most likely make the commission for both the sellers and buyers agent whether you hire you have your own agent or not, so why not have someone in your corner.
The commission agreement is predetermined in the sellers listing agreement.

the average buyer doesn't know the difference between a listing agent and a buyers agent.

I would recommend you hire a buyers agent even if you have to pay them to assist you. Be VERY careful - I know of a buyer who found a condo on craigslist and was dealing directly with the "owner" of the condo. The buyer was paying cash and the "owner" wants to close quickly. As things turned out it was a scam and the so called "owner" didn't really own the unit.

Sounds a little sketchy - let us know how it went.

You do not have to involve a buyers-broker, you can deal direct with the sellers broker, but know that he/she is NOT on your team and has very few obligations to you! Most often the seller pays the buyers broker so their services are often free - not a bad deal - but your situation may be different where-as the sellers agent does not co-broke (this is however often a red flag!).

did the buyer agent you didnt use find this place in the local MLS as well? If so, stated compensation in the MLS agent description is protected. If it was an in-house listing, meaning no reciprocity for other agents since it was MLS exempt, then seller can "save" the co-op commission. That doesnt make sense though, then its like a FSBO with an agent to handle the details for partial commission.

You can purchase the condo with a sellers agent or a buyers agent. The sellers agent is working as an advocate for the seller. The buyers agent is an advocate for you.

Different states have different rules for buyer brokerage. If you signed an agreement with the agent, you need to be sure that document doesn't hold you liable for commission to that agent even if you proceed without them. Trying to avoid a "co-broke" fee could leave you without your interest being fairly represented. Be careful. Good luck.

Did you sign a buyers agency agreement with your buyer's agent? If you did, you may have to pay the buyer's agent a commission if the seller's agent does not allow a co-op.
I always recommend having a realtor representing you. It doesn't cost you anything since all commissions are paid by the seller to both agents.

ShuRee Coffin
Equity Real Estate - Select
801-710-8888 Mobile
shuree10@gmail.com

Yes you definitely can do this. The most likely reason behind why a co-broke is not allowed is because there is probably not enough commission to go around.

Using a buyer's agent is the only way you can be sure a professional is working for you and your best interests only. Buyer's agents do more than buyers (and sellers) are aware of from negotiating a fair price, assisting with the inspection process, and facilitating a host of other services buyers need to smoothly make it to the settlement table......

Just as one last FYI on this issue, to my fellow agents...PLEASE be careful when answering questions posted in other states....to tell this buyer they don't need representation or to say that it won't cost them anything is not only inaccurate but HARMFUL if they are relying on our experienced advice.

Firefly....to clarify...IF this agent has an exclusive listing agreement with the seller and does not offer a co-broke arrangement, then unless your agent can convince her otherwise, you will be responsible for payment to your buyers agent for representation on your behalf. However, it is a good investment for you and will give you equal footing during negotiations.

**Lindsey was spot on.

Unfortunately, most agents are not aware of the intricate representation details from State to State. How each state accounts for representation and what the laws are pertaining to them. NY for example has single agency, which means that the listing agent undeniably works for the Seller not the Buyer. As a former NY'er the largest part of the learning curve for me as an Agent in Florida was understanding the comprehensive differences between the agency relationships from one state to the next. With all due respect, the advice given to this home buyer's question needs to be answered by qualified agents and brokers in New York.

Best of Luck to you.
Regards,
Charlene Weston
Realtor
Weston Group

Real estate transactions are so much more involved than simply seeing a property and writing an offer. A buyers agent will work in your best interest - a listing agent is contracted to work in the sellers best interest. When you enter a contract with a buyers agent, it will define what behavior is expected of both you and the agent. If you signed a contract, most likely it asks you to contact that buyers agent and work with them to view properties. If for some reason that agent tried to get an appointment and could not, you need to have a discussion with them about how to proceed. Attorneys will handle the legal aspects - for example title search, but remember that they will bill you for their time and it is a realtor who handles the time consuming and often lenghtly negotiations around the offer, home inspection and help you through the financing process.
This is an important decision you are making, and it can be emotional and stressful. I recommend you interview a couple buyers agents to find one you can work well with and who will professionally guide you through the transaction.

First you should confirm your expectations from the buyers agent. They are working for you the buyer, they represent you the buyer and at the end of the purchase most good buyer agents save you more then the cost of hiring them. So with that said I say yes. It is also important to know that the buyer agent is liable for so much more than just a regular agent. They promise to keep your best interest in the forefront over the seller and over their own.

Buying a home is the single largest transaction most people make in a lifetime. Would you want to do it alone? You should always have someone that is going to look out for your best interest, you buyer's broker would do so. A real estate attorney will only handle the legal end of the transaction. They will not negotiate the deal for you. Always protect yourself, especially with one of life's biggest decisions. Work with a buyer's broker you will be happy you did. Good Luck!

You should always use a buyer's agent. Your real estate attorney is not going to negioate for you, make sure repairs are done, come with you on the final walk through, help you with your loan, etc... A real estate attorney is just going to make sure you have clean title. Also, I can't believe an agent doesn't co-broke - they are to respresent the seller - not just try to get both sides of the transaction. Ask your agent to investigate this further as to why they don't co-broke. But by all means, get an agent that represents you and only you!

That is definitely a tough situation. If at all possible I would recommend using a buyers broker, so that you have an agent that is responsible for your fiduciary concern. It doesnt do any good to speculate why the selling agent will not cooperate with another broker. I do know the selling agent must not be a REALTOR, being a member of NAR, for our code of ethics doesnt allow such treatment of other REALTORS. You might contact your local Association of Realtors to get more answers.

That sounds like an interesting situation. I could see her saying she doesn't pay a buyers agent but to not allow you any representation while you look at the place sounds unusual to me. I think it is always best when the seller allows a potential buyer as much representation as they need agents, inspectors, etc. This could help them down the road if there are any hidden issues (just my opinion I'm not an attorney)

Absolutely. It is always in your best interest to be represented in every real eatate transaction. It does not matter if it is a family, friend, or stranger, it will make the transaction much easier and every detail will be ironed out on your behalf. You will save time and money by hiring an agent to represent you.

@ Mniakeplace in White Bear Lake, MN...

I realize that you are not working in the New York market, so things may be very different where you are from. However this question was posted in the "Home Buying In New York" category, and I must respectfully disagree with your comment, especially in regards to buying an apartment in Manhattan. I strongly believe that just like sellers have their Seller's Brokers/Agents representing them, and trying to sell the properties they represent for as much money as poosible, it is extremely important for buyers to have an agent representing, and protecting their best interests.

Sincerely,
Lindsey Newman
Senior Real Estate Sales Associate

you don't need a buyers agent but I would get one it doesn't cost you anything..

Yes! It doesn't cost you any extra for the protection of having a professional represent you and could save you 1000's!

Yes, a buyers agent represents you, while a sellers agent represents the seller first.

It is always best to be represented by an agent. You don't want to pay too much for that condo!

It is always best for you to have your own representation. A selling agent represents the seller. Different states have different ways to handle dual agency and a buyers representative should know the correct way to proceed.

In Georgia the process can be simple or complicated depending upon the nature of the property you're interested in. A foreclosure or short sale have a whole set of issues that a buyers agent can really help you with. Additionally, as it's no cost to you (the seller pays the commission) why would you question bringing on additional support in the process?

An interesting article on this topic can be seen here - http://goo.gl/PgZ0V - I've shortened the link but the article is called Home Buyers Go Hunting Alone -- More house-hunters are rejecting the services of so-called buyer's agents. Is that smart? on http://www.smartmoney.com

in NY State, real estate buyers are entitle to representation even if the listing agent will not co-broke. The listing agent should have allowed you to view the property with the Buyer's Agent. With regards to compensation you would probably have to pay it and this is a discussion the buyer's agent should have had with you when you signed the contract for representation.
This is a big investment, so having your own representation is important.

I do think that you will be best served if you have a Buyer's Agent assisting you, but if you have seen the property on your own then it may be difficult for a Buyer's Agent to make the case for procuring cause. If the agent/seller is not willing to compensate a Buyer's Agent and you have already seen the property without her, then I think you are on your own. I would recommend that you hire a very good real estate attorney to assist you.

Good luck and best,
Jeanne Feenick
Unwavering Commitment to Service, Unsurpassed Results

I strongly suggest that you consult with a seasoned real estate attorney. I can refer you to someone who will not cost you a lot of $$$. Email me at cjre888@gmail.com.

Think of it like an attorney, if you was in court for something would you like to use your opponent's attorney?

It is in your best interest to get a buyer's agent to represent you. The cost for this service is already included in the commission and it does not cost you anything. Good luck!

Dear Home Buying in New York,

Most buyers think going directly to the seller's agent will save from them paying commission when in fact its the sellers that pay the commission for both the seller's and buyer's agent to bring a deal together.

It's best to hire a buyer's agent so you have representation through the negotiating, home inspection and closing. A real estate attorney does take over after the P&S is signed but a buyer's agent will make sure you are informed every step of the way.

Hope this helps.

Michele Miller
Keller Williams Realty

508-281-2180
"BUY OR SELL WITH MICHELE" http://www.livinginworcesterma.com