30 Burton Hills Blvd, Ste 175
Nashville, TN 37215
615.425.3600

CITY SPRINGFIELD
ROOMS 3
BATHS 2.5


Read more

CITY NASHVILLE
ROOMS 4
BATHS 3.1


Read more


Buyer's Representation

When buying a home it is important to have someone that is representing YOUR best interest.  When a home is listed on the MLS the seller's have hired an experienced agent to represent their interest -- not YOURS.

In 1983 the FTC made headlines when it released a study conducted on buyers and sellers, the study sought to find out if the public realized that real estate agents worked for the seller.  The conclusion  found a staggering 71% of the buyers surveyed thought that the agent they were working with as a customer was representing them and their interest as a client.  As a results of this, real estate consumer groups formed and demanded agency representation for buyers.  The consumer groups  demanded representation of their interests when making the largest financial purchase of their lifetime.  The real estate industry responded and now offers buyers the same protection it had previously offered to sellers. 

When you enter into a buyer's agency agreement with a licensed real estate professional,  the contractual relationship automatically creates certain duties that are owed to you as the buyer.

Duty owed to all parties  T.C.A. 62-13-403 

 

“A licensee who provides real estate services in a real estate transaction shall owe all  parties to such transaction the following duties, except as provided otherwise by TCA 62-13-405, in addition to other duties specifically set forth in the official manual of the Tennessee Real Estate Commission or the rules of the commission:

 

1.   Diligently exercise reasonable skill and care in providing services to all parties to the transaction.

 2.   Disclose to each party to the transaction any adverse facts of which licensee has actual notice or knowledge.

 3.   Maintain for each party to a transaction the confidentiality of any information obtained by a licensee prior to disclosure to all parties of a written agency or subagency agreement entered into by the licensee to represent either or both of the parties in a transaction. This duty of  confidentiality extends to any information which the party would reasonably expect to be held  in confidence, except for information which the party has authorized for disclosure, information  required to be disclosed under this part, and information otherwise required to be disclosed pursuant  to this chapter. This duty survives both the subsequent establishment of an agency relationship and the closing of the transaction.

 4.   Provide services to each party to the transaction with honesty and good faith.

 5.       Disclose to each party to the transaction timely and accurate information regarding market conditions that might affect such transaction only when such information is available through public records and when such information is requested by a party.

6.   Timely account for trust fund deposits and all other property received from any party to the transaction.

7.  (a) Not engage in self-dealing nor act on behalf of licensee's immediate family, or on behalf of any other individual, organization, or business entity in which the licensee has a personal interest without prior disclosure of such interest and the timely written consent of all parties to the transaction.

     (b) Not recommend to any party to the transaction the use of services of another individual, organization or business entity in which the licensee has an interest or from whom the licensee  may receive a referral fee or other compensation for the referral, other than referrals to other 
licensees to provide real estate services under the Tennessee Real Estate Broker License Act of 1973, without timely disclosing to the party who receives the referral, the licensee's interest in such referral or the fact that a referral fee may be received.

Duty owed to licensee’s client

  T.C.A. 62-13-404

Any licensee who acts as an agent in a transaction regulated by the Tennessee Real Estate Broker License Act of 1973 owes to such licensee's client in that transaction the following duties, to: 

 1.       Obey all lawful instructions of the client when such instructions are within the scope of the agency agreement between licensee and licensee's client. 

2.       Be loyal to the interests of the client. A licensee must place the interests of the client before all others in negotiation of a transaction and in other activities, except where such loyalty duty would violate licensee's duties to a customer under TCA 62-13-402 or a licensee's duties to another client in a dual agency.

 

 

 

BUYING   SELLING   NEW HOMES   INVESTING   CONTACT  
2007 © Copyright MarcieSweet.com All rights Reserved.