Buying FAQs

1.  Isn’t the agent who shows me homes representing me?

Don’t count on it, unless you have a written Agency Agreement with an exclusive buyer’s agent. Agents who list property normally enter into a signed contract with the sellers to represent them in the sale of their property. This same contract may permit the listing agent to use “sub-agents” to help secure a sale. Unless you have a written Agency Agreement with a real estate agent promising to represent only YOUR best interest, you may find yourself working with an agent who is obligated to act in the best interests of the seller.

2.  My agent agrees she “technically” represents the seller, but says she will be fair and “take care of me”. Isn’t that all I need?

Of course agents try to be fair and nice to the buyer since they want to make a sale. But, because they are bound by Real Estate License Laws, the Law of Agency, and their Code of Ethics, they can only do so much without jeopardizing their relationship with the seller. For instance, traditional agents cannot tell you if a property is overpriced or how to negotiate the best purchase price. In this case, “technically” means legally, and if the seller has representation, shouldn’t you? As THE BUYER’S AGENT OF NASHVILLE & MIDDLE TENNESSEE we always negotiate only in the best interest of the home buyer.

3.  Does THE BUYER’S AGENT have access to all resources like the Multiple Listing Service?

Absolutely yes and even more! We belong to the local multiple listing service ( MLS), so we can show you homes listed with this service. Additionally, since we represent you, and not any sellers, we regularly show homes that are new construction, in foreclosure, or “for sale by owner”.

4.  How is THE BUYER’S AGENT paid for its services?

The most common way is the same way other real estate agents are paid: the typical commission paid at closing is divided between the listing broker and the broker representing the seller.  Because our fee comes from the proceeds of the transaction, THERE IS NO NEED FOR YOU TO INCUR ADDITIONAL COST FOR OUR SERVICES.

5.  If  THE BUYER’S AGENT OF NASHVILLE & MIDDLE TENNESSEE works on commission, why try to lower the price of a house for me?

If we save you $10,000 on the purchase of your home, THE BUYER’S AGENT OF NASHVILLE & MIDDLE TENNESSEE would only earn approximately $150 less commission. Your goodwill and word of mouth advertising will be worth much more than this. We also have a legal obligation to represent our client’s best interest.

6.  Some Agents say they can represent both me and the seller. How can this be?

You be the judge. If you were selling a home, would you want to list it with an agent who represents the buyer? Of course you wouldn’t, not any more than you would want to be put in the position of having to divulge details of your personal finances to the agent representing the seller.

WOULD YOU TELL A CAR SALESMAN HOW MUCH YOU EARNED?

 The National Association of Realtors has described agents who try to represent both the buyer and seller in the same transaction as “PLAYING THE PROFESSIONAL EQUIVALENT OF RUSSIAN ROULETTE.” What buyers usually don’t understand is that when an agent shows a buyer any home listed with that agent’s firm, that agent, or his or her firm, is obligated to protect the interests of the seller. EVERYONE KNOWS YOU CAN’T SERVE TWO MASTERS! If you work with an agent whose real estate firm has homes listed for sale, you will probably not receive the full representation you would get if you worked with an exclusive buyer’s agent. There simply is no way an agent can negotiate price and terms on behalf of both the buyer and the seller. When you are making one of the largest investments in your life, don’t you deserve to have someone completely dedicated to working in your best interests?

7.  Can other real estate companies have agents that represent buyers?

Although THE BUYER’S AGENT OF NASHVILLE & MIDDLE TENNESSEE is the premier company that exclusively represents the buyer, other companies might attempt to represent the buyer from time to time. Most traditional companies, in the past, have avoided buyer representation since their legal accountability is usually to the seller. Representing the buyer can create a conflict of interest if they are also legally accountable to the seller.

8.  What is exclusive buyer representation and how did it develop?

In 1983, a Federal Trade Commission (FTC) study revealed that over 72% of all home buyers nationwide mistakenly believed they were being represented by the agent who was showing them homes. As a result, laws requiring agents to disclose exactly who they represent have been passed all over the country. When consumers became aware that most agents worked for the seller, they began demanding their own representation. In response, THE BUYER”S AGENT OF NASHVILLE & MIDDLE TENNESSEE began offering exclusive buyer representation to home buyers.

9.  Does the legal responsibility that accompanies this type of contractual relationship really matter to me?

ABSOLUTELY. If you had to go to court, would you use the same attorney the opposing side was using? Responsibility and accountability to a client are two legal requirements of agency representation. By law, real estate licensees who act as seller’s agents must negotiate in the best interests of their clients (the sellers), not withhold information from them, and must present their property only in a favorable manner. EXCLUSIVE BUYER’S AGENTS negotiate in the best interests of the buyer, do not disclose confidential information about the buyer, and reveal all facts affecting the value of properties to the buyer.

10.  Exactly how does THE BUYER’S AGENT establish this contractual relationship to represent me?

Just as sellers establish a contractual relationship by signing a listing agreement with their agent, you establish a contractual relationship with us by signing a buyer’s agency agreement. This agreement makes us legally accountable to you and not to any seller. Only a company like THE BUYER’S AGENT OFNASHVILLE & MIDDLE TENNESSEE that represents buyers exclusively can represent buyers 100% of the time.

11.  If THE BUYER’S AGENT can save me money on price, why can’t traditional agents?

A Realtors’ Guide to Compliance With the Law of Agency states that agents who represent sellers are to reveal to the seller information concerning the ability or willingness of the buyer to complete the sale or to offer a higher price. Therefore, legally, agents who represent sellers must not only do all they can to sell the property for the highest price, but they must also inform the seller if you, the buyer, are willing and able to pay a higher price. This prevents agents who represent sellers from promising to save money on the price of the home. Only agents who represent the buyer exclusively can always legally work to get the buyer a lower price. THE BUYER’S AGENT OF NASHVILLE & MIDDLE TENNESSEE always works only in the best interest of you, the home buyer.

12.  How much money can THE BUYER’S AGENT OF NASHVILLE & MIDDLE TENNESSEE save me?

The amount you can expect to save will vary. The following are typical ways we can help you save money: Negotiating to get you the best purchase price. Including repairs and extra considerations in the contract. Seeking the best loan and rates, not just the current “market” rate. Reducing loan processing fees. Minimizing your closing costs. Help you shop for title insurance, homeowners insurance, a home inspector, and home warranties.

13.  How can I estimate my mortgage?

Check out our free online mortgage estimator