"Agents, why are you wasting time trying to explain this to the type of person that writes that they would rather chew their arm off than work with you?"

Because we are probably some of the only agents here who try to educate people about RE and how it works.
Some of those statements made me laugh, like the one above, and convinced me of the quality type of person we are dealing with here.
I thought the term BUBBA, which has been around for a while, was very applicable.
On these forums, one has to take their statements with the knowledge of where they are coming from, and move on.

xamsx; climb down from your high horse. I said very clearly that people should do what works for them. If you consider a buyer's agent a door opener and nothing more, then I consider you ill informed and nothing more.

"If I could by-pass the buyer agent and present directly to the seller, I would. "

You can. Buy a FSBO.

You see there are choices for everyone.

It really isn't necessary to come off quite so condescending. Buying a home may not be rocket science, but it is easily the largest purchase that most people ever make and there are lots of ways to make a mistake.

Fortunately you seem to feel that you are able to handle that yourself. I do too, but am always open to as much help as I can get. If you don't need it then good for you.

Njrealtor, if a house I want to make a bid on is listed through a broker on the mls I cannot by-pass the NAR process of submitting a bid through a Realtor. The same is not true of FSBO. If I have a buyer agent and want to make a bid on a FSBO house I can choose to pay the buyer's agent commission and use my buyer agent. That is where the the difference lies and with it the lack of choice.

I completely agree that there are a lot of ways to make mistakes when buying and selling real estate, and that is why I always use good real estate attorneys for real estate transactions.

njrealtor wrote-
"Oh my goodness. Could this thread get any more ridiculous?"
"What utterly foolish statements."
"If you are such experts that you need no help with the purchase of home then good for you - do it yourselves!"
"Agents, why are you wasting time trying to explain this to the type of person that writes that they would rather chew their arm off than work with you?
"I love the person who said that a buyer's agent is just a door opener. Where do you find these people? Do you not do ANY research when trying to find an agent?"
"Dreamgarden; you seem to be stuck in a rut about a politician. Could we move on, or is it just too exciting for you to be rubbing linda's nose in not knowing who it is?"

linda117-Is that you? Posting under a different name?! How clever!

"linda117-Is that you? Posting under a different name?! How clever!"

Why are you so antagonistic? Give it a rest!

"I know they are very useful to most people but I would rather chew my arm off. We don't have a large pool to choose from as where we live the agents are very town specific. Does any one else feel like this? How was the process working with out one?"

This is from my original post. Since I can't communicate let me try to clarify. I must be unknowingly typing in Japanese, I will rephrase the question.

I am looking forward to hearing how transactions have gone for people not using a buyer's agent. Thanks for all you concerned Real estate agents who were gracious enough to try hijack this thread and turn it into a debate about the trade which I really should not have stooped so low as to engage in.

I find it funny that even when the agent's answers aren't needed or wanted they still want to put themselves in the mix. I find it doubly funny that almost everyone else who has posted seems to have understood my question.

Now I have to weed out REA posts to get to the people I would really like to hear from.

AGAIN: I would love to here how people who have made transactions with out a buyer's agent have found their experience.

Sianara,
BUBBA

outsdthenrom- "I am looking forward to hearing how transactions have gone for people not using a buyer's agent."

It would be nice to read about positive transactions from those who aren't using a buyer's agent.

Thanks for putting it so graciously.

linda117-Is that you? Posting under a different name?! How clever!

Dreamgarden, I bet you wish it was, but unfortunately for you, someone else out there thinks you are ridiculous. Imagine that.

Njrealtor, if a house I want to make a bid on is listed through a broker on the mls I cannot by-pass the NAR process of submitting a bid through a Realtor

Xamxs Perhaps the seller has hired a realtor because he does not want to deal with buyers directly? If he wanted to deal with you directly, he WOULD do FSBO! So where is the rub? He has made a choice. You just don't happen to like the choice.

"I find it funny that even when the agent's answers aren't needed or wanted they still want to put themselves in the mix. I find it doubly funny that almost everyone else who has posted seems to have understood my question.

Now I have to weed out REA posts to get to the people I would really like to hear from. "

Oh I am sorry - I didn't read the Gardenweb rule change that excluded real estate agents from posting.

Perhaps you should have put a disclaimer on the bottom of your post stating that you only wish to hear back from people who agree with your point of view.

Until the rules really change, however, anyone here is free to post what they wish. Feel free to skip over anyone who thinks differently from yourself - we wouldn't want to risk you learning anything or opening that closed little mind of yours.

"Njrealtor, if a house I want to make a bid on is listed through a broker on the mls I cannot by-pass the NAR process of submitting a bid through a Realtor."

Linda is spot on here - the seller made the choice, it sounds like you want everything on your terms, including being able to dictate how the seller wishes to work.

SIGH.

Sianara,
BUBBA

Sayonara BUBBA to you also!
Have you have ever been in Japan?

Linda117: Xamxs Perhaps the seller has hired a realtor because he does not want to deal with buyers directly? If he wanted to deal with you directly, he WOULD do FSBO! So where is the rub? He has made a choice. You just don't happen to like the choice.

That is quite possible and would be a definite reason to be forced into using a buyer's agent.

njrealtor: Linda is spot on here - the seller made the choice, it sounds like you want everything on your terms, including being able to dictate how the seller wishes to work

No, not really. I would like the opportunity to be able to by-pass using a buyer agent.

One other important factor to consider is that in order to get on the mls you MUST sign with a Broker - even a flat rate broker gets a fee to place a listing on the mls above & beyond the actual cost of the mls listing. The NAR owns the mls, has a monopoly on it, and therefore the vast majority of sellers sign with a Realtor. Whether or not those people would avail themselves of a listing Realtor's other services if they could get on the mls without a broker, is open to question. From my point of view, the dictatorial entity is the NAR.

I don't care what realtor where started the acronym "bubba" and who decided that it was not only acceptable to use but good to use, but I'm simply astounded.

Those who use it can try to acronym it away all they want, but what an incredibly insulting and abrasive term to use. It screams that the rea's are absolutely insecure and feel very much threatened by those who at a previous time were dependent on them. It's unfortunate that instead of taking the high road and realizing that some prefer to not do it the "old way", they must instead lash out like some insulted teenager.

It's no wonder that so many people have such a bad feeling in general towards real estate agents.

I like RE agents, have high regard and huge respect for many I've worked with, for me it is not about hating agents. I just prefer when buying a house to work directly with the listing agent. I've done it successfully many times.
I do believe it gives me an advantage when negotiating, some of you disagree, okay with me.
The purpose of this forum is to give each other advice and share experience.
No reason to resort to name calling, we can disagree and still discuss an issue.
Where is Rodney King when you need him??

ultra violet; you are 'astounded' by the term BUBBA? Is the term 'FSBO' enough to send you into a tail spin also?

I'm assuming that you are ok with realtors keeping stats on how the real estate market does and what segments of it are doing what at any given time? Yes? But you are not ok with a segment having a name.

So are we not allowed to use the term FSBO anymore , or have you just taken a dislike to BUBBA for some reason that only you can understand?

What is wrong with people today? Maybe some sense will have regained a foothold tomorrow.

Good night folks.

Give me a break, "njrealtor". If you honestly have never heard of someone being called/referred to as "bubba", I'd like to know what part of NJ is apparently so disconnected with reality that you could have possibly avoided it throughout your life.
From dictionary.com -
1. Chiefly Southern U.S. brother.
2. Slang. an uneducated Southern white male; good old boy; redneck.
[Origin: 186065]

And from American Heritage Dictionary -

1. Chiefly Southern U.S. Brother.
2. A white working-class man of the southern United States, stereotypically regarded as uneducated and gregarious with his peers.

So given the "common" definitions, add in the "plus" of real estate agents using the term seem to take such great delight in the folly of those poor people thinking they can do it on their own and it doesn't take a rocket scientist to see what was the original intent.

Give me a break, "njrealtor". If you honestly have never heard of someone being called/referred to as "bubba", I'd like to know what part of NJ is apparently so disconnected with reality that you could have possibly avoided it throughout your life.
From dictionary.com -
1. Chiefly Southern U.S. brother.
2. Slang. an uneducated Southern white male; good old boy; redneck.
[Origin: 186065]
And from American Heritage Dictionary -
1. Chiefly Southern U.S. Brother.
2. A white working-class man of the southern United States, stereotypically regarded as uneducated and gregarious with his peers.

BUBBA is an acronym as spelled out before and get over your prejudices, plus I stated my reference, you are distorting the facts.

Redonkulous (re.donk'u.lous adj.- significantly more absurd than ridiculous to an almost impossible extreme; without possibility of serious consideration) that you would compare BUBBA to FSBO to try to make a point.

You must know that BUBBA can have a negative connotation. Yes, it can mean "brother" & if we use that definition, then you consider people who don't use the services of your profession all warm & fuzzy, even regard them as family. Right. You found an acronym that can poke fun at or ridicule to make your point. That's obvious. FSBO has no meaning - it's not a word.

Please excuse the next paragraph. I don't mean to offend anyone but I think a more "apples to apples" comparison is in order. Lots of words have double meanings. Often one is more offensive than the other, more risque than the other, etc. Sometimes the double entendre is your friend & fun to use - other times, like in the case of BUBBA - maybe not.

A word very similar to BUBBA in one of it's generally accepted (though unfortunate) meanings would be RETARD. For the sake of example only, how about we make RETARD into an acronym for something like : Realtors Exaggerating & Talking Around Responsible Decisions? You COULD say that as unhappy home buyers we feel that RETARD fits because we don't have access to MLS listings. We feel that some of our options & efforts are being checked; caused to move more slowly or operate at a slower rate. Yes, that's the "positive" definition, the acceptable one. But you & I both know that the negative connotation is out there so why use it?

My point is there are lots of derogatory words that have a less sinister meaning too. I could name more, but don't want to offend + I think I found one that makes my point perfectly.

My thread "Do I Need My Own Realtor" was taken over by this discussion too, so I feel your pain.

Back to the topic at hand. I am probably going to make my own unrepresented offer soon and will let you know how it goes. I'll offer my best price & the listing agent can either present it or not & the seller can either take it or not. My attorney will review the contract & it will be a deal or not.

Xamxs Perhaps the seller has hired a realtor because he does not want to deal with buyers directly? If he wanted to deal with you directly, he WOULD do FSBO! So where is the rub? He has made a choice. You just don't happen to like the choice.

That is quite possible and would be a definite reason to be forced into using a buyer's agent.

Xamsx, why are you forced? USE THE LISTING AGENT, no one is forcing you to do anything.

njrealtor: Linda is spot on here - the seller made the choice, it sounds like you want everything on your terms, including being able to dictate how the seller wishes to work

No, not really. I would like the opportunity to be able to by-pass using a buyer agent.

Again, you can, use the listing agent.

People seem to be under the impression that if an agent shows a buyer a home, they are automatically a buyers agent. This is not true. The agent and buyer have to agree to working with each other as a buyers agent and his client. It is not automatically forced on you because you are shown a house by an agent.

linda117 wrote: "Dreamgarden, I bet you wish it was, but unfortunately for you, someone else out there thinks you are ridiculous. Imagine that."

linda117-If anyone is being ridiculous, its you. Do I care what you think? No. Imagine that! But I do appreciate how much you have done to make other posters aware of the "hazards" of buyer's agency!

Why do you refuse to answer a question in a straightforward manner? Why do you feel the need to talk down to other posters like they are small children who "just don't understand" the "benefits" of buyer's agency ("The more I read these posts, the more I realize how much people really don't understand buyer agency at all).

You attacked me (and others) with patronizing jr high school remarks for daring to disagree with you ("I have no idea what you're talking about, and apparently, neither do you"). You do what bullies do when they are losing. You don't play FAIR, you play to win. MANY other posters have managed to buy a house WITHOUT using a buyer's agent. Their heads didn't explode. Were they just lucky?

The only other persons who seem to agree with you (or understand your rambling devotionals about buyer's agency) are those in the REAL ESTATE business (Wow, well apparently, I am the one not articulating properly because no one seems to be understanding what I am saying except Berniek).

Keep preaching to the choir. Maybe they will buy a house from you.

Dreamgarden, you should probably go back and read these posts and see who attacked whom. I believe the first attack was from you.

linda117 wrote: "Dreamgarden, why wouldnt the house not sell? You cut and paste a post of mine from another thread which is only backing up what Im saying here so Im not sure what your point is."

Oh boy, here we go again. You know very well what my point is. Why do you continue to dance around the truth and avoid answering a direct question?

I've asked you 3x now HOW DO YOU GET PAID IF THE HOUSE DOESN'T SELL?

You obfuscated with a unrelated question of your own "Why wouldn't the house not sell?"

What difference does this make? Why would you ask ME this kind of questio, aren't YOU the RE expert?

You asked me ONE Time, how I would be paid, I asked you for clarification, and this is what I got. STILL 2 or 3 days later, I still don't understand the point of your question
AND YOU still have not clarified.

I still stand by my point that alot of people don't understand buyer agency and it is not meant as an insult. It is apparent in their responses. Three different agents on this thread have tried to explain it and still, people want to argue. Whatever.

Keep preaching to the choir. Maybe they will buy a house from you.

Plenty of people do (30-35 a year to be exact),ALL AS A BUYERS AGENT. I never would turn down an entire choir. Business is business. :)

I must say this thread likely would turn those "on the fence" about using a buyers agent into being dead seat against using one.

The condescending and derogatory posts by those calling themselves professionals is not only amusing but rather telling .

People seem to be under the impression that if an agent shows a buyer a home, they are automatically a buyers agent.

I think the problem isn't "the public" misunderstanding what a buyers agent is, I think the problem is YOU have some sort of mistaken impression that because there are SOME PEOPLE that DO NOT want to use one they are automatically too stupid to get the function they are supposed to have. Not everyone needs someone to hold their hand and quite honestly, *I* am the only one with my best interests in mind, no matter what they claim.

ultraviolet-"The condescending and derogatory posts by those calling themselves professionals is not only amusing but rather telling."

It is telling what some buyer's agents will do to manipulate buyers.

We had a contract on a house that failed the inspection. We didn't want the house because it had high radon and a contaminated (failing) well. We told our buyer's agent to let the seller know we weren't going through with the deal. She purposely waited for the deadline to pass hoping we would be put up against a wall and have to go through with the sale ANYWAY.

Sure enough the seller had his lawyer send us a letter threatening to sue us if we didn't buy the house ANYWAY. Fortunately, I had saved his email letting us know we could extend the deadline for the radon test. The BUYER'S AGENT had neglected to request this from the inspector when she called to make the arrangements even though it was checked off on the contract. He had to make a second trip to the house.

We hired a lawyer and got the mess straightened out ($$$). Our buyer's agent must have thought we weren't that bothered about having to shell out extra money to take care of the mess she had created and tried to trick us into renewing our contract with her for a YEAR.

Do you know what she told us when we said we weren't going to renew with her? She said "WHY DO YOU HATE ME?, I'm not letting you out of the contract". YIKES!

We called our lawyer and asked him to contact her broker/boss to be let out of her contract. When our lawyer called us back, he said her boss didn't have a clue about what was going on and fired her. He said we most certainly were allowed to cancel. Now we understand why she wanted to fill out the paperwork at her HOUSE. This is a person who has been in real estate for over 25 yrs.

If we were "stupid" and "uninformed" before, we sure aren't NOW. This forum has been very educational. In more ways than one.

Moral of the story is some people need some hand holding and some don't. There are D.I.Y.'ers in every aspect of life. Toodles

Another moral to the story is there are millions of buyers moving across the country and they only have 3 - 5 days to buy a house in a strange city, those are the ones we normally help very successfully.
The ones moving across town are the ones who sometimes want to avoid dealing with agents, listing or buying and certainly can do so at their leisure.

Firstly - I have NEVER heard a negative use of the word Bubba. I have only ever heard it as a name (Forest Gump's friend, the shrimp boat enthusiast).

I agree that using a shortened name that has negative conotations is inappropriate, but again I have NEVER heard Bubba used in that way.

I haven't ever used it even in relation to real estate and now probably won't as I wouldn't want any misunderstandings. To me it is exactly the same as FSBO, which is why I said that.

dreamgarden, your experience does sound negative. In my area, it would always be the attorney who kills the deal. It sounds like you didn't have an attorney initially. I ALWAYS recommend using an attorney and do so on all my personal transactions.

As a real estate agent I will not give legal advice. that is the attorney's job.

I am surprised that you would tar everyone with the same brush as your bad agent however. Also the message your wrote linda about how she is bullying is exactly what I have said you were doing to her. The post could have been renamed and directed at you.

It is interesting how different people perceive things.

Ultraviolet; try and calm down a little. No need to yell. I have said repeatedly that if you don't want to use a buyer's agent then dont. No one is making you do anything. Sheesh.

The fact is that even as an agent who always uses an attorney, I would use a buyer's agent if I was moving to a new area.
That doesn't mean that I think using the listing agent as a dual agent is a bad thing; quite the contrary - I have no problem with it at all. But in most situations the buyer's agent would save me a lot of work and I appreciate any help and input I can get.

If you don't need it and consider yourself expert enough then good for you and good luck.

Firstly - I have NEVER heard a negative use of the word Bubba. I have only ever heard it as a name (Forest Gump's friend, the shrimp boat enthusiast).

I agree that using a shortened name that has negative conotations is inappropriate, but again I have NEVER heard Bubba used in that way.

I haven't ever used it even in relation to real estate and now probably won't as I wouldn't want any misunderstandings. To me it is exactly the same as FSBO, which is why I said that.

dreamgarden, your experience does sound negative. In my area, it would always be the attorney who kills the deal. It sounds like you didn't have an attorney initially. I ALWAYS recommend using an attorney and do so on all my personal transactions.

As a real estate agent I will not give legal advice. that is the attorney's job.

I am surprised that you would tar everyone with the same brush as your bad agent however. Also the message your wrote linda about how she is bullying is exactly what I have said you were doing to her. The post could have been renamed and directed at you.

It is interesting how different people perceive things.

Ultraviolet; try and calm down a little. No need to yell. I have said repeatedly that if you don't want to use a buyer's agent then dont. No one is making you do anything. Sheesh.

The fact is that even as an agent who always uses an attorney, I would use a buyer's agent if I was moving to a new area.
That doesn't mean that I think using the listing agent as a dual agent is a bad thing; quite the contrary - I have no problem with it at all. But in most situations the buyer's agent would save me a lot of work and I appreciate any help and input I can get.

If you don't need it and consider yourself expert enough then good for you and good luck.

Oops - sorry for the double post.

To clarify one thing - I came to the States from Europe less than 15 years ago. I am not familiar with terms coined in the 1850s. However 'Redonkulous' that may sound to you.

SIGH.

I've been out of town for the past week and am just getting caught up with events here on the board. After sitting here reading all 104 posts on this thread, I must say that I think that Linda is getting a bad rap. Although she might have been more tactful, she is absolutely correct when she states that there is a lack of understanding here about the differences among the terms buyer's agent, dual agency, and selling agents acting as subagents of the listing agent/broker when showing a house. People are definitely confusing buyers' agents with selling agents. (NOTE: "selling agent" does not refer to the listing agent.)

People also appear to be under the misconception that there are two halves to a real estate commission and that if they are not represented then they should be entitled to the other half in the form of a discounted sales price. In fact, the listing agreement signed between the seller and the listing agent states that the listing agent is entitled to X% as a fee when the house is sold. It is the listing agent's commission - - - period. However, the agreement will also allow the listing agent to cooperate with other agents and to share the commission if another agent procures a buyer. If there is no other agent, then the listing agent doesn't have to share the commission. It is as simple as that. (Actually the contract is with the broker, not the agent, but that's a differentiation we don't need to get into here.) So if you choose to buy a house using just an attorney, or your friend, or even your uncle, rather than an agent, that is fine. The listing agent then doesn't have to share the commission with anyone.

I realize that there will always be some friction between agents and the buyers & sellers on this forum, but I think that the agents provide a service here and it is beneficial to have their insight on a variety of topics.I'm not sure why this thread deteriorated into sophomoric insults on both sides, but I hope that has now come to an end.

"I realize that there will always be some friction between agents and the buyers & sellers on this forum,..."

Very astute observations.
And there are agents who will rebate some of their commissions to the right buyer when double ending a transaction, after all, how many first time buyers have all the furniture or appliances they need?

"Linda117 you stated, "Mary MD, you wouldnt list with them, because you don't understand it." Looks like your comment was directed at someone. "

Indeed, I find many of the REAs here very condescending and insulting when they are challenged.

"Indeed, I find many of the REAs here very condescending and insulting when they are challenged."

Many? I think many leave because of the unsuccessful challenges trying to educate some of you.

" I think many leave because of the unsuccessful challenges trying to educate some of you. "

If a realtor and a non-realtor have a difference in opinion on this forum, why does the realtor assume it is because the realtor is more educated on the matter, and the non-realtor just "doesn't get it"? Maybe the non-realtor is not as dumb as the realtor thinks, and maybe the non-realtor just has a different opinion.

sweet tea - I would hope that most realtors know more than the average buyer or seller about the real state market in their specific area. It is after all what they do day in day out for years. Do you disagree with that?

Having said that, there are areas where people just disagree. Agents disagree with each other on certain issues also. These issues are interesting to debate - for example the ever present; is it better to use the listing agent or a buyer's agent to buy a home?

sweet tea; maybe the realtor doesn't think the non-realtor is 'dumb' as you put it. Perhaps they just know more about it.

There are exeptions of course - many buyers and sellers are very educated about the purchases/ sales. But I doubt that they have sat through the classes and tests and know as much about it as most realtors (at least as most realtors SHOULD know).

What I find interesting is that the worst thing that I could find in this whole thread that linda wrote, was that soome of you don't understand buyer's agency.

Remember this whole thread BEGAN with someone stating that they would rather chew off their arm than use a buyer's agent, and really the unpleasantness has gone down hill from there, with people calling her (and probably me!) condescending/ a bully/ "now we know why people don't like buyer's agents", etc, etc.

Yet everyone is up in arms about what the realtors are saying, when I don't believe any of us have said anything anywhere near as rude as many of the 'non- realtors'.

What makes that ok?
Those of us who take time to post on these forums take great pride in what we do - and it becomes very tiresom reading unnecessarily unpleasant posts from people taring the whole profession with the same brush. It's sad really.

Then we have to hear how condescending we are when we try and explain things. It's really unbelieveable.

SIGH.

I just stumbled across the original message and the weeks worth of heated posts that followed. As I read from first post to last, I found myself time and time again biting my tongue. But after the last post, I feel I must add one thing:

njrealtor, please calmly remove the giant chip off your shoulder, gently place it on the ground and slowly, slowly back away.

Realtors and their reputations everywhere will thank you.

SIGH

"Then we have to hear how condescending we are" ...
and then adding - SIGH, Sheesh - and other such descriptive words, that is what makes it sound condescending to me.

As for the OP - I understand very well why some do not want to use buyers agents.

spy10021/ punamytsike; Oh yipee - two more helpful and constructive additions to the discussion.

Why don't you join in again when you have something of value to add?

Anything about the actual subject will do. If you can avoid personal attacks that would be nice, but perhaps too much to ask

that is just too_funny. What was the constructive part that you added with your previous post, njrealtor ???

Do you think that readers will love to hire a buyer's agent now ???

Where you not the one that said, that this is open forum and anyone can contribute, whether on topic or adding value to the discussion or not ???

From my own recent history, my very good friend just bought a foreclosure with out a buyer's agent. She tried it with a buyer's agent but although the market is very slow here in SW FL, the agents were not too motivated to try to help her. She wanted a good deal and the agents that she tried to use, thought she was trying to get things too cheap ;) In the end, she made an offer to the listing agent that was accepted and the closing should be in next week or two.

Spouse and I used a buyers agent awhile back when relocating to a new state. We specifically wanted a home in county A (due to very low taxes). Spouse was on a quick trip for house hunting and met with the agent. She insisted on going into Subdivison XYZ. But a map showed that this subdivision was in a different county (the main road that they were driving was the dividing line between counties). Agent insisted Subdivision XYZ was in the correct county. After wasting time looking at homes in there, it was discovered that the entire subdivision was in the wrong county.

I can't imagine "bubba" ever becoming a widely used, or acceptable term in the RE profession.

I had never even heard of it used in an RE context until this thread.

Just like any service position, you have to prove your worth to earn your pay. If a person has a good experience, and is well represented by an agent, they will continue to use said agent while encouraging others to do so as well. It is as simple as that.

You will always encounter people who are bad at their job.

Directed at the agents on this forum I'd like to suggest that instead of being frustrated by those expressing their reasons for not using an agent, perhaps letting people know what you offer to your customers for comparison might allow those reading through and debating whether or not to use an agent pause to consider why it might be worthwhile?

If people checked references, and knew what to ask when hiring an agent, there would be a few less horror stories.

A good agent is working for your future referrals, not a one time paycheck on one closing.

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

18. 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.

19. At closing:
    a. Make sure everyone has all required docs
    b. Get keys & Garage door openers

My builder's rep said they would add 3% onto the price of the house if I brought in a buyer's agent.

"My builder's rep said they would add 3% onto the price of the house if I brought in a buyer's agent."

Tell them you'll pay your agent, the sales rep represents the builder, not you.
Find a good agent who knows builders, make a deal of how much to pay your agent, like 2% or 2.5% and have your agent tell the builder to knock off 4% or better, you'll come out ahead.
Builders who operate as you described can not be trusted to stay in business where I am. 80%+ of all their sales here are done by REALTORS, to try to cut them out is a death sentence for the builder.

If someone has already found a new housing development on their own, why would they need a buyer's agent? They've already found the house themselves. Why not go directly to a lawyer - it'll cost a lot less. I'm not trying to start a fight, but I really would like to know what a buyer's agent can do for someone after they found a house on their own.

"Why not go directly to a lawyer - it'll cost a lot less."
Good question.
A lawyer costs up front, a buyer agent doesn't.
Builders where I am will not modify their contracts because the buyer has a lawyer, the contract is written to protect the builder, the builders lawyer wont let them because of liability.
The buyers agent has more experience selling new construction than a lawyer and usually knows the builders reputation and how they operate.
A good buyers agent today can negotiate a better price for the buyer than an attorney.
I meet the buyer at the construction site at their convenience (sat/sun & holidays), will a lawyer do the same? (my background is 23 years of Civ. Engineering and construction inspection and I love this stuff)

byrdlady wrote: "My builder's rep said they would add 3% onto the price of the house if I brought in a buyer's agent."

bernieks response: "Find a good agent who knows builders, make a deal of how much to pay your agent, like 2% or 2.5% and have your agent tell the builder to knock off 4% or better, you'll come out ahead.
Builders who operate as you described can not be trusted to stay in business where I am. 80%+ of all their sales here are done by REALTORS, to try to cut them out is a death sentence for the builder."

Doesn't it figure that it would be REALTORS giving a death sentence to those builders who dare to try and complete a sale without using them? Another reason why everyone (not just realtors) should be allowed to access the MLS.

Our buyer's agent didn't do a SINGLE thing to negotiate price for us. I found the house. While we were going over the contract with the owner, I was the one who talked him down $24k while our "negotiator" sat there like a bump on a log, growing moss under her back end, hand held out for her poorly earned commission. You would have thought she was working for HIM.

Our attorney said he would have charged us less than 1k to complete a closing, which was a lot less than what our agent stood to earn.

byrdlady, Save your money and let your attorney help you. The builders rep might even be willing to drop a little more off the price if they know there won't be additional "interference".

I think builders in many areas are more willing to be flexible than berniek suggests. Even in Las Vegas.

Las Vegas Review-Journal
Oct. 26, 2007

Hot seller's market shifts into reverse

"Several builders, including Lennar Corp., Pulte Homes, Astoria Homes and Beazer Homes, have slashed prices on standing inventory.

Builders have offered October price breaks of as much as 20 percent, with up to $250,000 in markdowns on a single home."

Links that might be useful:
www.lvrj.com/news/10814426.html

Las Vegas Home Devaluation Shows Residential Market May Drop 6%
www.bloomberg.com/apps/news?pid=20601109&sid=a1j5tU4dy4.s&refer=news

"Another reason why everyone (not just realtors) should be allowed to access the MLS."

All you have to do is get a RE license, pay your dues and you have access to the MLS.
However, I would let non-licensed individuals have a "read only" scrubbed access for a fee.

"Why not go directly to a lawyer - it'll cost a lot less."
Good question.
A lawyer costs up front, a buyer agent doesn't.
Builders where I am will not modify their contracts because the buyer has a lawyer, the contract is written to protect the builder, the builders lawyer wont let them because of liability.
The buyers agent has more experience selling new construction than a lawyer and usually knows the builders reputation and how they operate.
A good buyers agent today can negotiate a better price for the buyer than an attorney.
I meet the buyer at the construction site at their convenience (sat/sun & holidays), will a lawyer do the same? (my background is 23 years of Civ. Engineering and construction inspection and I love this stuff)

I'm confused, Berniek, first, why pay a buyers agent more than an attorney, assuming it is usually more without the legal advice., just for a short term cash in pocket?
You just recommended to another poster to let the builder know you have your own agent, wouldn't that difference modify the contract, why would bringing in an attorney be different. Some RE attorneys are licensed agents, will meet at anytime, will split their commission. I know a local one that is very flexible and experienced in RE sales.
I value agents, but if I already found a house without using an agent, I wouldn't bring one in, thinking they may be able to negotiate a better price if I had to pay one 3%. I'd negotiate myself and have an attorney review the contract for a very small fee.

"Some RE attorneys are licensed agents, will meet at anytime, will split their commission. I know a local one that is very flexible and experienced in RE sales."

If s/he has a construction background, even better. Everyone is welcome to do what suits them best, sounds like you have found your REALTOR/Attorney, why rock the boat if it works for you?

"You just recommended to another poster to let the builder know you have your own agent, wouldn't that difference modify the contract, why would bringing in an attorney be different"

The builder might not pay the agent anyhow, because the agent was not accompanying the buyer at the 1st visit.
The builder contract verbiage is never modified because of different representation. The builder's attorney normally would have to approve any changes.