I think it's a regional thing. In Alabama, it's very unusual for the listing agent to be present. The Buyer's agent handles the whole showing. The exception could possibly be the upper bracket homes where the showing isn't even allowed unless there is some sort of a prequalification for the potential buyer. They want to keep the looki-lous out. As Graywings said, you can always list with another agent who says he/she will always be present at a showing. But then you're dealing with one other person when scheduling a showing. Many times showings are on short notice. If your listing agent is across town, in a closing, showing another house, at the dentist, etc., she simply can't drop everything to be at a quick showing for you. So you miss out on that showing for a buyer who might already be in the neighborhood looking at houses similar to yours. Maybe there is a real estate "team" in your area that could be closer to what you want (though still no guarantee). A husband-wife-daughter type of thing where they all work together on the same listings.

If you are not in a rush, take your time and keep your eye on your market. You do not need an agent, at this point. I am looking in to buy in two different states, NY & Florida. I have been watching listings on MLS in both states. In NY I have been looking for about 6 months and have seen prices slowly fall and inventory increase. Sellers have been very rigid about dropping prices but when I see properties sitting over 6 months, without selling, I feel justified making low offers. Watch the comps and note the DOM and final selling price. Look to see how many houses are for sale. This market is tricky. My area is desirable because of proximity to NYC. Prices have remained high but inventory has increased. I find high-end houses are selling but mid-price homes more slowly. I don't understand that. I could be wrong, but there is a glut of mid-price homes available. The comps are confusing because some homes are selling way below list price yet others are selling close to list. I've noticed bidding wars where the houses sold above list price. Hard to make heads or tail of this market. I am using an agent to gain access to properties only. I am not using her to do any searches for us. I have made an offer on a property which she submitted. It was considered a low offer and she was not supportive yet did submit it. The seller would not counter. I'm okay with that as there have been no other offers at this point. We can wait. I think the market in my area is starting to decline; later than other areas but definitely dropping. Sellers are dropping prices after a year. When they sell, they become the comps. My advice is to wait it out and keep an eye on your market. Let this listing sit for a while and watch what goes on in the neighborhood. Good luck, Jane

Linda, I know the incremental amount of a buyers' agent's commission is relatively small (unless we're talking very expensive properties), but would the average buyers' agent advise their client to simply walk away from a deal that was not going their way, either because the seller was intransigent, or the property was overpriced from the get-go or some other factor that had turned a possible deal into one not in the clients' interest? Probably not, and that highlights the problem with the present fee-structure. I mentioned the second (smaller fee) negotiation where we used a fee-paid buyers' agent that did not proceed to contract. My DH and I really liked the house but we didn't know beans about the market, or what it was really worth and a host of other factors the appeared during the initial back and forth with the sellers. Being inexperienced we might easily have been pressured into continuing on, but our fee-paid buyers' agent gave us the benefit of his knowledge and experience and helped us evaluate, and then reevaluate, our desire to purchase the property. He helped us decide how far to go in making our offer, how to manage our anxiety and possible disappointment if we didn't get the property and ultimately our realization that the deal was going nowhere and that we needed to simply withdraw. Many times, over the next two decades, we have driven by the property and congratulated ourselves for having had the good luck, and good advice, that kept us from buying it. The only party not happy with our choice to use a buyers' agent was the listing agent who felt we had used "inside info" about real market values to avoid being pressured into paying too much. Frankly, that experience, alone, would have sold me on using a fee-paid buyers agent. Later we used another to locate and help us negotiate for a property that we did ultimately purchase. After that, we have never used an agent for buying, and often not one for selling, either. And now that the internet has allowed buyers and sellers to find one another so readily, I think the old real estate agent model is going to have to change significantly. One of the adaptations that I think will come to pass is a separation of buyers agency from sellers' agency in a more formal and a more rational way. I can forsee a time when each side of the deal has assistance in negotiation, valuation, and strategy, and any party that benefits from this professional expertise simply pays for it like they now pay for appraisal or legal services. Having the "buyers' agents" fee hidden inside the listing agent's commision, paid as a percentage of the sellers proceeds from the buyer makes no sense in a time when some sellers are being asked to pay buyers' closing costs or mortgage origination fees. And now some sellers are raising the commission percentage directed at the buyers' agent, which really begs the question: is the buyers' agent now going to be steering a buyer towards properties with larger base commissions? It's become so complicated that it's hard to really evaluate the true cost of the purchase, or for the sellers', the net amount from the sale. Perhaps when there was an overheated real estate market and buyers were hard pressed to find a property quickly enough to make an offer, then the primary use of a buyers' agent was info about which houses were newly on the market. Nowadays things are returning to a more sane level and perhaps the profession will take the time to sort itself out as far as assigning the cost of a service to the beneficiary of the service. That way everybody knows what the score is, and they can choose what, if any, level of professional expertise they wish to pay for. Molly~

Here is a non all inclusive list of what my responsibilities and duties are as a Buyers Agent (I'm sure I can add items as they come to mind. Tasks are not necessarily done in the order shown) Fiduciary Duties Of A Real Estate Agent A real estate broker who becomes an agent of a seller or buyer is deemed to be a fiduciary. Other examples of fiduciaries are trustees, executors, and guardians. As a fiduciary, a real estate broker is held by law to owe specific duties to his/her principal (the person who they are representing), in addition to duties or obligations set forth in a listing agreement, buyer representation agreement, or other contract of employment. These specific fiduciary duties include: Loyalty Obedience Disclosure Confidentiality Reasonable Care and Diligence Accounting Loyalty One of the most fundamental fiduciary duties an agent owes to the principal. The duty obligates a real estate broker to act at all times, solely in the best interests of the principal, excluding all other interests, including that of the broker. Buyers Agent: Must do everything possible to gain an advantage for the Buyer. Obedience An agent is obligated to promptly and efficiently obey all lawful instructions of his/her principal that conform to the purpose of the agency relationship. However, the duty does not include an obligation to obey unlawful instructions, such as instructions to not market a property to minorities or to misrepresent the condition of a property. Buyers Agent: Must obey all lawful instruction of the Buyer, is not obligated to obey instructions from the Seller. Disclosure An agent must disclose to the principal all known relevant and material information that pertains to the scope of the agency. The duty includes any facts affecting the value or desirability of the property, as well as any other relevant information pertaining to the transaction, such as the other party's bargaining position, the identity of all potential purchasers, information concerning the ability or willingness of the buyer to offer a higher price, any intent to subdivide or resell the property for a profit. Buyers Agent: Must tell Buyer everything they can find out about the Seller including the motivation for selling and any reasons the Seller may have for wanting a quick sale. Must tell Buyer everything they can find out about the property, including any known or suspected problems with the property or area. Confidentiality An agent is obligated to safeguard his/her principal's lawful confidences and secrets. Therefore, a real estate broker must keep confidential any information that may weaken a principal's bargaining position. The duty of confidentiality precludes a broker who represents a seller from disclosing to a buyer that the seller can, or must, sell a property below the listed price. Conversely, a broker who represents a buyer is prohibited from disclosing to a seller that the buyer can, or will, pay more than what has been offered for a property. Buyers Agent: Must keep all information about the Buyer confidential, including the Buyer's ability or willingness to pay more for the property than they are offering as well as the Buyers motivation for buying. Reasonable care and diligence An agent is obligated to use reasonable care and diligence when pursuing the principal's affairs. The standard of care expected of a buyer's or seller's real estate broker is that of a competent real estate professional. By reason of his/her license, a broker is considered to have skill and expertise in real estate matters superior to that of the average person. Buyers Agent: Must prepare themselves through education and study to competently represent the Buyer in all matters. Accounting An agent is obligated to account for all money or property that belongs to his/her principal entrusted to that agent. The duty compels a real estate broker to safeguard any money, deeds, or other documents entrusted to them relative to their client's transactions of affairs. Buyers Agent: Must account to Buyer for any money or documents entrusted to them. When starting to work with a buyer months or weeks out: 1. Go over brokerage disclosure with buyer 2. Find out buyers needs as to size, price and location 3. Sign Buyer Broker Agreement 4. Meet buyer at lender & get GFE 5. e-mail a lists that meets their needs 6. After a few lists find out if its applicable or to make changes 7. Preview homes if time permits 8. Check with lender about buyer qualification & get pre-qual letter 9. When meeting with buyer 1st time in the office, reaffirm requirements 10. Do buyers want to see FSBOs and should I look for them? 11. Depending on buyers timeframe tour target neighborhood & look at homes 12. Upon home selection, write the offer accompanied with earnest money 13. Depending on the offer price, a CMA might be needed prior to 14. Make an offer strategy 15. Address inclusions & exclusions of Property 16. Offer is accepted, follow the timelines for: a. Alternative Earnest Money Deadline (if applicable) b. Loan Application Deadline c. Loan Conditions Deadline d. Buyer's Credit Information Deadline (if applicable) e. Disapproval of Buyer's Credit Information Deadline (if applicable) f. Existing Loan Documents Deadline (if applicable) g. Existing Loan Documents Objection Deadline (if applicable) h. Loan Transfer Approval Deadline (if applicable) i. Appraisal Deadline j. Title Deadline (I meet you to review) k. Title Objection Deadline l. Survey Deadline m. Survey Objection Deadline n. Document Request Deadline o. Common Interest Community (CIC) Documents Deadline p. CIC Documents Objection Deadline (I meet you to review the following) 1.) Are there any unpaid expenses or assessments on the property? 2.) Are there any unpaid special assessments on the property? 3.) Are there any unpaid liens on the property? 4.) Are any special assessments being contemplated on the property? 5.) Are any increases being contemplated to the periodic fee? 6.) Is there a monthly association fee? 7.) Is there a quarterly association fee? 8.) Is there a semi-annual association fee? 9.) Is there an annual association fee? 10.) Is the property subject to more than one association fee? 11.) Must a buyer prepay monthly association dues at time of closing? If so, how many months? 12.) Is a working capital reserve deposit required from the buyer? 13.) Is a transfer fee imposed by the association upon sale of the property? 14.) Is a fee imposed by the association for providing a status letter? 15.) Is there a charge for common area access devices? (pool keys, common hallway keys, etc.) 16.) Are any other fees imposed by the association upon sale of the property? 17.) Are there any violations of covenants that the seller has been advised of? 18.) Are there any existing or pending law suits against the association and/or the property? 19.) Is the association still under the control of the developer? 20.) Is there any damage to this property, any common areas, any adjacent properties, or violations of the covenants or rules and regulations that could cause a lien against the property? 21.) Is the sale of this property subject to a right of first refusal by the association or a member? 22.) Does this property include the use of? Deeded Exclusive use (a.) Storage unit(s) (b.) Parking space(s) (c.) Carport(s) (d.) Garage(s) 23.) The regular association dues includes the following: Management Insurance premiums (a.) Structure(s) (b.) Common area liability Common area/element repair, maintenance or replacement Trash collection Water Sewer Heat Hot water Snow removal Roof Indoor swimming pool Outdoor swimming pool Hot tub Tennis court(s) Club house Perimeter fencing Cable/satellite TV Gas service Electric service Road maintenance Common area utilities Exterior maintenance Other q. Off-Record Matters Deadline r. Off-Record Matters Objection Deadline s. Right of First Refusal Deadline (if applicable) t. Seller's Property Disclosure Deadline (we will review together) u. Inspection Objection Deadline (I meet you at the inspection) v. Inspection Resolution Deadline (identify repair items to be corrected) w. Property Insurance Objection Deadline (CLUE Report) x. Closing Date & Final Walk-through (I meet you at walk-through) y. Possession Date & Time z. Acceptance Deadline Date & Time 17. Go over the following Documents with the Buyer a. Review Sellers Property Disclosure b. Review Square Footage Disclosure c. Review Mold Disclosure d. Review Water Source Disclosure e. Review Lead Based Paint Disclosure (if applicable) f. Review Special Taxing Districts (if applicable) g. Go over Inspection Report Prior to closing: a. Contact Utility Companies ( I have list) b. Contact your Home Owners Insurance c. Review HUD 1 and provide copy to buyer d. Buyer get cashiers check made out to Title Co. At closing: a. Make sure everyone has all required docs b. Get keys & Garage door openers