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Buyer Agency…

What is it and how will it benefit you, the Buyer?

In Wisconsin, a Real Estate Buyer can choose to work with either a Selling Agent (also referred to as a subagent or co-broke agent), or a Buyer’s Agent. A Buyer’s Agent works on the Buyer’s behalf—representing you in the transaction. Price, terms and conditions

are negotiated with your best interests in mind. In both cases, the agent is a trained professional, licensed by the State of Wisconsin, and is obligated by law to treat all parties in the transaction honestly and fairly and to exercise reasonable care and skill. They must make you aware of material adverse facts, keep your information confidential, provide accurate market information and safeguard all funds. However, the Selling Agent represents the seller / listing broker, not you!

How are Selling Agents and Buyer’s Agents Different?

If you work with a selling agent and have no contractual agreement between you and the agent, you are not the agent’s client! The agent does owe you the duties outlined on the reverse side of this brochure and is obligated to give you a Disclosure to Customer’s indicating these duties. The agent can show you properties you are interested in seeing, get more information about the properties and draft the offer to purchase but cannot negotiate on your behalf.

An agent who works as an agent of the Seller/Listing Broker is limited, however, in the degree of service they can provide you, the buyer, because of their obligations to their clients (Listing Broker/Seller) and the duties owed to them.

A Selling Agent cannot work with you to analyze other properties currently on the market, recent sales and make suggestions of what price to offer on a given property. They cannot suggest that a property is overpriced and recommend strategies which might create a more attractive deal for you. They cannot suggest that you ask for appliances, home warranties or similar items which might make a better buy for you.

A Selling Agent is obligated to loyally represent the Seller and the Listing Broker. They cannot provide advice or make recommendations which would be contrary to their interests. While they must comply with laws requiring fair and honest treatment of all parties to a transaction, they cannot negotiate with your best interests in mind. Their objective is to get the highest price, best terms and least amount of problems for the Seller and Listing Broker.

How does Buyer Agency Work?

Entering into a Buyer Agency is easy. You and the Agent complete and sign a WB-36—Buyer Agency/Tenant Representation Agreement. The Agent will explain the duties owed to you and to all other parties in the transaction. The agreement will specify the amount and method of all compensation which will be received by the Agent if a successful transaction is consummated. In effect, you are hiring the Agent to represent you.

In one particular circumstance, where you were interested in buying a property listed by Coldwell Banker Action, a situation could develop called “Multiple Representation”. With your consent, and the consent of the seller, the listing agent can represent the seller and the “buyers agent” can continue to represent you. This is referred to as “Multiple Representation with Designated Agency” and it allows your buyers agent to continue to represent your interests—you have the choice of how you want to work with your agent should that situation occur.

Your “Buyer Agency Agreement” includes the Coldwell Banker Buyer Services Guarantee and can be cancelled at any time upon your request if you are not happy with the service provided.

I will be happy to explain and discuss the advantages and mechanics of buyer agency with you at any time.
Give me a call—let’s sit down and see if Buyer Agency is for you. You’ll be glad you did!


 

Yvonne Prey


 

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