Buyers Representation

Needs Assessment
*With A Buyer-Client*	*With A Buyer-Customer*
1. Pay full attention to the buyer's needs.	1. Maintain loyalty to seller's needs.
If a buyer contacts a brokerage company about representation, the brokerage company can devote full attention to the buyer's needs including financing, motivation, timing, etc. without an obligation to match the buyer with a seller-client's property.	If the buyer-customer contacts a brokerage company about an in-company listing, the brokerage company's duty of undivided loyalty to the seller-client obligates the brokerage company to attempt to keep the buyer focused on the property the buyer called about unless it is clear that the buyer is not the best buyer for the seller's property or the buyer rejects the seller-clients property.
2. Buyer can talk freely.	2. Tell seller all that is learned.
A brokerage company's duty of confidentiality enables a buyer-client to provide information without fear of harming their negotiating position.	Brokerage company's duty of full disclosure to the seller-client means the brokerage has a duty of full disclosure to the seller-client to tell all information learned about the buyer that might enhance the seller's negotiating position.
3. Suggest alternative solutions.	3. Focus on the client's (seller's) property.
A brokerage company's duty of undivided loyalty to the buyer-client enables the buyer's representative to suggest alternative solutions to the buyer's needs, thus increasing the supply of appropriate properties to the buyer-client.	Because it is in the seller's best interest for appropriate properties for a buyer to be in short supply, it would not be appropriate for the seller's representative or subagent to take any action which would expand the buyer's market or make the buyer think that appropriate properties are in great supply.
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Property Selection
*With A Buyer-Client*	*With A Buyer-Customer*
1. Find the best property for the buyer-client.	1. Find the best buyer for the seller.
A buyer's representative has access to the entire market and is not limited to properties that have been listed for sale. For Sale By Owners, lender owned properties, etc., are all possibilities. The brokerage company should maintain current information about these properties so that buyer-clients can have a broader selection.	A seller's representative or subagent (the buyer is not represented by the licensee) may be limited to properties where the broker is either the representative or subagent for the seller.
2. "Leave no stone unturned".	2. Limit properties to listed properties only.
If necessary, a buyer's representative can promote the buyer's search for an appropriate property through "Property Wanted" promotions in print media, to seller's representatives and directly to owners of properties that may be appropriate to the buyer.	A seller's representative or sub-agent who works FOR a buyer by promoting a buyer's search may be accused of creating an implied agency relationship with the buyer. This includes placing "Property Wanted" ads in print media or contacting owners of properties that have not been listed for sale. This can result in an undisclosed dual agency situation.
3. First opportunity to view new listings.	3. Lower level of responsibility to Buyer-Customers.
Because of the duty of undivided loyalty to the buyer-client, buyer-clients should be notified of new listings and be given an opportunity to view these properties before buyer-customers are notified.	Results in notifying customers of new listings after buyer-clients have had an opportunity to view these properties.
4. All properties are available.	4. Show properties listed within buyer's affordability range.
Property selection is not limited by the seller's list price. A buyer-client may be able to negotiate the sales price down into his range of affordability.	Unless a seller-client agrees otherwise, buyer customers should only be shown properties priced within the buyer's range of affordability. To do otherwise would imply that the seller would accept less than list price.
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Viewing Properties
*With A Buyer-Client*	*With A Buyer-Customer*
1. OK to give advice accompanied by facts.	1. Just the facts.
Brokerage company will assist buyer-client in making an objective evaluation of a property, including both positives and negatives.	Brokerage company will disclose material facts about the property to the buyer-customer, but will not address any negative aspects of the property that are not material facts.
2. Educate the buyer.	2. Protect the seller.
Buyer's representative will assist buyer-client in making an objective comparison of competing properties.	Salesperson will not assist the buyer-customer in comparing competing properties.
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Negotiating The Purchase Agreement
*With A Buyer-Client*	*With A Buyer-Customer*
1. Educate the buyer	1. Material facts only.
Plan negotiating strategy with buyer-client.	Salesperson will disclose material facts about the property to the buyer-customer, but will not address any negative aspects of the property that are not material facts.
2. Procedures for client (buyer).	2. Procedures for client (seller).
Suggest procedures that will strengthen the buyer's negotiating position.	Implement negotiating strategy that will strengthen the seller-client's negotiating position.
3. Price.	3. Price.
Provide price counseling: a) Information on similar properties which have sold recently; b) Information on similar properties which are currently on the market.	Provide a Comparative Market Analysis for the buyer only if the CMA supports the seller's listing price.
4. Contract.	4. Contract.
Suggest approved protective clauses for the purchase agreement to protect the buyer. Be careful not to engage in unauthorized practice of law.	Attempt to negotiate approved protective clauses in the purchase agreement to protect the seller-client. Be careful not to engage in unauthorized practice of law.
5. Financing	5. Financing
Suggest financing alternatives that may be in buyer's best interests rather than the method of financing which would be in the seller's best interest.	Suggest financing alternatives to the buyer-customer in order to help benefit the seller's interests.
6. Negotiate on behalf of the buyer-client.	6. Negotiate on behalf of the seller-client.
Implement negotiating techniques on the buyer's behalf as appropriate.	Implement negotiating techniques on the seller's behalf as appropriate.
7. Continue services to buyer-client during the negotiations.	7. Continue services to seller-client during the negotiations.
During the term of a negotiation, continue to search for other appropriate properties for the buyer to enhance the buyer's negotiating position.	During the term of the negotiations, continue to market the seller's property in an attempt to obtain a better competing offer for the seller.
8. Strengthen the buyer-client's negotiating position.	8. Maintain the strength of the seller-client's negotiating position.
With the previous client's consent, tell the new buyer-client about the details of unsuccessful negotiations in the past. Any other information about the seller-client's negotiating position, must be disclosed to the buyer-client.	Unless the seller-client agrees otherwise, details about the seller-client's previous negotiations, motivations to sell, financial position, or any other information about the seller-client which would aid the buyer-customer's negotiating position must remain confidential.
9. Share all information about seller.	9. Share all information about buyer.
Unless the buyer-client agrees otherwise, any information about the seller-customer that would aid the buyer-client's position must be disclosed to the buyer-client.	Unless the seller-client agrees otherwise, any information about the buyer-customer that would aid the seller-client's position must be disclosed to the seller-client.
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Follow Through After The Purchase Agreement
*With A Buyer-Client*	*With A Buyer-Customer*
1. Follow through after the purchase contract has been negotiated.	1. Follow through after the purchase contract has been negotiated.
Attempt to solve problems to the buyer's satisfaction. Buyer-client, seller, and seller's salesperson are kept informed of progress in preparing for closing.	Attempt to solve problems to the seller's satisfaction. Seller-client, buyer-customer and buyer's salesperson are kept informed of progress in preparing for closing.