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In their booklet "Shopping for a Home Loan" The United States Department of Housing and Urban Development's (HUD's) settlement cost booklet (page 6) recommends that home buyers consider using an Exclusive Buyer's Agent in their home search. EBA firms amount to less than 1/2 of 1 percent of all real estate firms in the US.
Some U.S. state real estate commissions – notably Florida's [5] after 1992 (and extended in 2003) and Colorado's [6] after 1994 (with changes in 2003) created the option of having no agency or fiduciary relationship between brokers and sellers or buyers.
The Buyer Agent owes fiduciary duties to the Buyer under this relationship and agreement, including fidelity, honesty, dedication to purpose, acting in the Buyer's best interests, etc. [5] The commission to be paid to the Buyer's Agent in the Buyer Agency Agreement, though ultimately the Buyer's obligation, is generally offset in whole or in ...
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Exclusive right to sell: The seller must pay the brokerage a commission if, by the expiration date in the listing contract, the real estate is sold, regardless of whether the buyer is obtained through the agency or not. Even if the seller finds the buyer him/herself, a commission is still owed to the brokerage.
A multiple listing service's database and software is used by real estate brokers in real estate (or in other industries, for example, aircraft brokers [1]), representing sellers under a listing contract to widely share information about properties with other brokers who may represent potential buyers or wish to work with a seller's broker in ...
However, prior to the changes, Realtors in 18 states were already required to sign buyer agency agreements. Mary Schumann, a Realtor in Minnesota, said that to her, NAR’s changes seem manageable.
Subdivision laws enforced by the Department help ensure that subdividers deliver to buyers what was agreed to at the time of sale. Before subdivided real property can be marketed in California, subdividers must obtain a public report from the Department disclosing to prospective buyers pertinent information about a particular subdivision. [8]
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