According to most Multiple Listing Services (MLS), any real estate agent
assisting a buyer usually works under the seller's agent--and owes primary
allegiance to the seller.
Unless the real estate agent and the buyer are working under a "buyer agency"
contract, the agent is legally a selling agent and is obliged to work in the
best interest of the seller. This means many things--but of great importance to
buyers is the fact that the agent is obligated to obtain the highest price for
the seller.
This is nothing new. It has always been this way. What has changed is that
today's buyers are demanding representation too.
A "buyer agency" contract creates legal "fiduciary" responsibilities between
the buyer and the agent.
The responsibilities are:
- Loyalty to the buyer's interests.
- Obedience to the buyer's wishes.
- Disclosure of useful information.
- Confidentiality in all matters.
- Reasonable care and diligence.
- Accounting on all matters.