Confusion about Buyer Representation Agreements

By
Real Estate Broker Owner with (808) 226-1095 or (831) 626-4000 CA #01772851 HI #RB-21268

I just saw a blog that disturbed me re buyer representation. I am going to paraphrase here because I don’t want to use a direct quote for the whole thing:

It mentioned that there is a state law that an agent can only show a property if:

1.      There is an Exclusive Right to Represent agreement or

2.      Has the seller’s approval to show the property

What this implies is that the agent needs to get the sellers approval to show the property. Ok, I buy that, the agent has to set up a showing with the listing agent. You always need to do that.

BUT YOU DO NOT GET APPROVAL BY THE SELLER TO SHOW IT TO A SPECIFIC BUYER THAT YOU HAVE A SIGNED AGREEMENT WITH.

The blog also mentions that once you have a signed buyer representation agreement, the agent can show that buyer ALL PROPERTIES THAT ARE LISTED BY ANY BROKER.

No, the agent ALREADY CAN show all properties if he/she is part of the MLS. No buyer representation agreement is necessary.

AT LEAST IN CALIFORNIA!!!!!

Although I would like you to sign a Buyer's Representation Agreement if it looks like I will be spending a lot of time with you, Mr. and Mrs. Buyer, I don't insist on it. If I am persuaded that you are in the market to purchase a property, I can show you any property that is in the MLS, and, by making a few phone calls, probably some that are not (especially Commercial and Income Properties). I am a real estate broker licensed in the State of California and I will help you with your real estate purchase without making you sign a contract that you might not be comfortable with.

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__________________________________________

 

For Sale: Luxury Home and adjoining buildable lot (2 parcels 2.718 acres) in Mauna Kea Resort. Offered at $4.9 Million.

62-3464 Hoolani Place, Kamuela, Hawaii 96743
Mauna Kea Resort
Kohala Coast
Big Island of Hawaii.

 

 

Two adjoining properties. One parcel includes a Hawaiian-style luxury villa, guest house, 3-car garage on 1.425 acres; and adjoining, a 1.293 acre buildable residential lot (with 3 pads for house, guest cottage & possible tennis facility) ready to be developed. Beautifully landscaped, ocean views.

 

Mauna Kea Resort is a gated golf and beach community.

Website: www. VillaNoelani.com

 Contact Hella at (831)626-4000 or (808) 226-1095.

www.hellahawaii.com

Let me be your independent real estate broker for oceanfront and oceanview property in California and Hawaii.  If you are a seller/owner, I will travel to your property to help get it ready for sale, then list and market it. If you are a buyer, I will preview property on your behalf. Certain restrictions apply. Please call me to discuss how I can help you.

Search Hawaii Listings on www.HellaHawaii.com

Member: Honolulu Board of REALTORS, National Association of REALTORS, Hawaii Association of REALTORS, Del Norte Association of REALTORS, California Association of REALTORS.

 

________________________________________________________________

Hella Mitschke Rothwell (R)

Real Estate Broker/Owner/Realtor®
Licensed in California #01772851 & Hawaii #RB-21268

Tel. 808-226-1095 or 831-626-4000 

Fax 1-877-822-9332

www.HellaHawaii.com

www.HellaRothwell.com

www.93921.com

HAWAII OFFICE: 1128 Ala Napunani Street, #1809, Honolulu, HI 96818

 
CALIFORNIA OFFICE: Su Vecino Court, Lincoln & Dolores between 5th & 6th, Carmel-by-the-Sea, CA 93921

MAILING: P.O. Box 4554, Carmel-by-the-Sea, CA 93921

 
Email: HellaRothwell@gmail.com


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Disclaimer: Hella Rothwell does not guarantee nor is in any way responsible for the accuracy of the information provided herein, and provides said information without warranties of any kind, either expressed or implied.

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california real estate broker for residential
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Rainmaker
770,483
Paula McDonald
RE/MAX The Woodlands, TX 936-203-0279
Chevaux Group, PLLC

Each state and agent has their own guidelines regarding these agreements.  I always believe it is best to develop a good relationship with the person before approaching this subject.  Trust must be established first.  Some brokerages however require these to be completed before they will pay the commission.

September 25, 2011 10:42 PM
Rainmaker
565,341
Hella Mitschke Rothwell
Hawaii & California Real Estate Broker
(808) 226-1095 or (831) 626-4000

Paula: I agree with what you say. What floored me was that the rule was attributed to "state law".

September 25, 2011 10:51 PM
Rainmaker
791,258
Gail Robinson
REALTOR, GRI, e-PRO, Fairfield County, CT
William Raveis Real Estate

Hella - I'm assuming this other agent was also a California agent.  In Connecticut we can't show other brokers' listings without buyer agency representation, although it doesn't have to be "exclusive." 

September 27, 2011 08:12 PM
Anonymous
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Rainmaker
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Hella Mitschke Rothwell

Hawaii & California Real Estate Broker
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