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OUR STANDARDS OF PRACTICE
A. SERVICES PROVIDED IN THE INITIAL COUNSELING
INTERVIEW PHASE
Standard A(1): A Buyer Agent will disclose
that he/she is a Buyer Agent and define his/her agency relationship to a prospective
Buyer-Client. A Buyer Agent will explain how different agency relationships may affect the
level and type of service a Buyer-Client may receive from a real estate agent.
Standard A(2): Before entering into an agreement with a
Buyer-Client, a Buyer Agent will determine if any conflict of interest may exist on
his/her own part or that of a Buyer-Client. If a conflict should occur, a Buyer Agent
should be precluded from representing a Buyer-Client, who should have the option of
seeking representation elsewhere.
Standard A(3): A Buyer Agent will provide a copy of these
professional Standards and answer any questions a Buyer-Client may have about them.
Standard A(4): A Buyer Agent will enter into a written
Agency Agreement with his/her Buyer-Client. The agreement will include beginning and
ending dates, the service fee structure and payment method, and the responsibilities of
both parties.
Standard A(5): A Buyer Agent will make him/herself
available to his/her Buyer-Client in a timely manner.
Standard A(6): A Buyer Agent will pledge absolute
confidentiality to a Buyer-Client when representing him/her, thereby protecting that
Buyer-Clients ability to negotiate all aspects of the transaction.
Standard A(7): A Buyer Agent will counsel a Buyer-Client
regarding his/her financial qualifications and will assist that Buyer-Client in seeking
and working with mortgage lenders. A Buyer Agent will not steer his/her Buyer-Client to
any one lender but instead will assist him/her in evaluating interest rates and closing
costs.
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B. SERVICES PROVIDED
IN THE GENERAL PROPERTY SEARCH PHASE
Standard B(1): A Buyer Agent will discuss
objectives and preferences in property styles, age, floorplans, and so forth with a
Buyer-Client, then develop from this information a target property profile for him/her.
Standard B(2): Based upon the target property profile, a
Buyer Agent and his/her Buyer-Client will determine the appropriate level of property
preview services to be provided.
Standard B(3): With a Buyer-Clients target property
profile in mind, a Buyer Agent will search the real estate market, including properties
for sale by owners and builders, to locate properties to show that Buyer-Client.
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C. SERVICES PROVIDED IN THE
PROPERTY SELECTION/CONTRACT OFFER PHASE
Standard C(1): A Buyer Agent will discuss
and evaluate the properties viewed with his/her Buyer-Client, comparing each property
shown with the target property profile.
Standard C(2): Before preparing an offer to purchase, a
Buyer Agent will inform a Buyer-Client about any defects or problems he/she has observed
or in any way discovered regarding the target property.
Standard C(3): Before preparing a contract offer on
behalf of his/her Buyer-Client, a Buyer Agent will prepare a comparative market analysis,
including explanations and documentation, to determine the target propertys market
value. A Buyer Agent will not prepare an offer to purchase a property he/she has not seen.
Standard C(4): Before a Buyer-Client signs an offer to
purchase, a Buyer Agent will provide that Buyer-Client with an estimate of closing costs
and, whenever possible, with the truth-in-lending estimate provided by the mortgage
company.
Standard C(5): A Buyer Agent will counsel his/her
Buyer-Client and explain the choices available in completing a real estate contract. This
real estate counseling is based upon a Buyer Agents experience in negotiation and
real estate business decisions and is not legal advice. Legal matters should be identified
and a Buyer-Client advised to seek legal counsel where appropriate.
Standard C(6): Whenever possible, a Buyer Agent will
prepare the contract offer on a form which has been designed to protect a
Buyer-Clients interest. A Buyer Agent will provide proper disclosures regarding
agency representation and other matters as required by law.
Standard C(7): A Buyer Agent will develop contract
negotiation strategies with his/her Buyer-Client, establishing pre-set limits on key
points of negotiation when that Buyer-Client wishes to do so. A Buyer Agent will actively
negotiate only on behalf of his/her Buyer-Client.
Standard C(8): Before submitting a contract offer to a
Seller, a Buyer Agent will counsel his/her Buyer-Client regarding the time requirements
specified in the contract and will encourage that Buyer-Client to have professional
inspectors inspect the property if the contract is accepted.
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D. SERVICES PROVIDED IN THE
ESCROW-TO-CLOSING PHASE
Standard D(1): A Buyer Agent will
counsel a Buyer-Client regarding the types of home inspectors, the suggested criteria for
selecting home inspectors, and the comparative costs of inspection services. A
Buyer-Client will select real estate inspectors. A Buyer Agent will encourage his/her
Buyer-Client to be present during inspections.
Standard D(2): A Buyer Agent will notify a Seller or a
Sellers Agent in writing of inspectors findings and of corrections/repairs
mandated by a Buyer-Client. A Buyer Agent will specify a Buyer-Clients desire to
proceed or cancel the purchase contract whenever such notification is required.
Standard D(3): A Buyer Agent will maintain contact with a
Buyer-Clients title company and mortgage company to make sure that his/her
Buyer-Clients interests are being protected.
Standard D(4): A Buyer Agent will review a settlement
statement with his/her Buyer-Client at or before closing, if possible.
Standard D(5): A Buyer Agent will accompany a
Buyer-Client on a property walk-through before closing.
Standard D(6): A Buyer Agent will attend a closing with a
Buyer-Client. A Buyer Agent should be prepared to support his/her Buyer-Clients
position at closing.
Standard D(7): A Buyer Agent will keep records of
transactions for a reasonable period of time and will provide this information to a
Buyer-Client on request.
These Standards of Practice establish obligations that
include all those consistent with the "Common Law of Agency" and are considered
to be client-level, not customer-level, services. These obligations are, in many
instances, higher than those mandated by law. If there is any case where the law requires
a greater obligation than these Standards of Practice, then the requirements of the law
must be followed. It is the duty of each individual Exclusive Buyer Agent to make himself
or herself aware of the laws, which may affect him or her. BuyerSide
Real Estate will
never represent a seller, and will never have even a casual relationship with sellers,
which could cause confusion and misunderstanding as to whom we represent.
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