What Are Agency Relationships In Real Estate
Due to the complexity of real estate transactions many states have adopted laws regarding the agency relationship between a real estate agent and the client. All too often lines can get blurred as to who an agent is representing when there are multiple parties involved in a real estate transaction. Generally in most states a real estate agent works for a broker who is the one setting the terms of the relationships with clients. The real estate broker can impose on their agents the rules with which how agents can represent real estate buyers and sellers provided for under the state laws they are bound by. The agency relationship between a client and their agent governs how the agent is to treat their client and this article will explore agency relationships further.
Agency Disclosure And State Laws
Often states have agency disclosure rules that require home sellers or buyers to sign a document that explains how an agent will be representing them during the real estate transaction. The document to be signed by the buyer or the seller basically describes real estate agency relationships in detail. While the document is full of legal language and may look like some sort of contract, the document is not a contract and the signature is only indicated receipt. The buyer or seller client in most cases do not have to sign it they choose not to, and in many states the real estate agent only need make a note that the form was presented but client refused to sign which will be kept in their brokerage records. Signing merely acknowledges the client was informed about...
How Real Estate Agents Should Be Representing Their Clients
Real estate representation can be one of those tricky things as many homebuyers and sellers do not understand how real estate agents are supposed to represent their clients. Real estate agents owe certain duties to their clients that are required under state laws as well as local and national ethics rules. These duties are meant to protect clients and give them the confidence that their best interest is being taken to account when the agent is carrying out tasks on behalf of their clients. This article explores what those duties are and provides some examples of agents upholding those duties for their clients.
Duties To A Client
The basic duties owed by a real estate agent, also known as fiduciary duty, to their client includes the duty of loyalty, confidentiality, obedience, candor/disclosure, reasonable care and diligence, and accounting. These duties are required through state laws and are also a part of the Canon of Ethics that every Realtor is bound to. Not every real estate agent is a Realtor and is not required to be. Those real estate agents who wish to use the title of Realtor must join a local Realtor association and join the National Association of Realtors. Some local boards and multiple listing systems (MLS) to which real estate agents can join in order to market their client’s real estate may be required to join the local and national Realtor association groups as part of membership requirements.
With the duty of loyalty the real estate agent is required to put their...
5 Important Home Buying Pitfalls To Be Aware Of
When buying a home there are a number of problem areas homebuyers can spot off right at the get go and know that the home may end up to be more trouble (or cost) than it is worth. By understanding these problem areas and either avoiding the home or making an offer according to the current condition homebuyers can save themselves some extra expense from having to fix certain issues. This article explores five common pitfall areas homebuyers may encounter and what the downsides of those problems can be.
Every home is built on some sort of foundation. Whether there is a basement underneath the home or a slab, the foundation is what holds a home up and holds it in place. The foundation in combination with the land around it dictates how the foundation will standup throughout time. Homes built into hillsides or areas with a lot of surface or sub-surface water flow are more prone to foundation issues.
Common foundation issues include settling, cracking, shifting and more. Most home foundations do settle minor amounts over time mainly due to the total weight of the home. As long as the settling is minor and even there should not be much cause for concern. Where the home settling is more than normal during a short period of time or happens unevenly then without costly repairs the structure of the house will begin to suffer. Shifting foundations where the basement walls are collapsing inward or outward can also subject a home to major damage. Until secured in place with additional supports those...
Tips For Saving Up For A Down Payment On A Home
Many may dream of owning a home but feel like they could never come up with enough money to make the down payment and pay for closing costs. Saving up for a down payment on a home can seem like a huge task especially with the day to day bills and living expenses getting in the way. As the saying goes where there is a will there is a way and if you want to buy a home there are plenty of low down payment options available. With the right plan you can save enough money for a down payment and start to enjoy the benefits of homeownership.
How Much Down Payment Is Needed To Buy A Home
In some cases homes can be purchased with no money down. If you are a veteran or qualify for a Veteran’s Administration (VA) loan due to being in the armed services you can purchase a home without any down payment at all. Even if you are not a veteran you can purchase homes in certain rural areas using the U.S. Department of Agriculture (USDA) mortgage loan that also provides for no money down loans. While the USDA mortgage does have certain income limits the VA loan does not. For the USDA mortgage the income limits are different based on the size of the household.
Other federally backed mortgages like the FHA loans allow for homes to be purchased with as little as 3.5% down. So on a $100,000 home 3.5% down means only having to come up with $3500 for the down payment. Even with the $3500 down requirement...