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Purchaser's Helpful Hints
So you want to buy a house? But you don't know where to start? This seems to be quite common amongst potential purchasers - particularly first time buyers. We really feel that it is important to have a systematic approach to looking for a home. It makes buying a home so much easier. We thought we would take the time to outline the steps for you, as we see them. Here's the list:
What Every Home Buyer Should Know If you are thinking of purchasing a home sometime in the future, then it is extremely important that you have some grasp of agency relationships. So what is meant by the term "agency relationships?" Basically, we can define agency relationships as the delineation of the responsibilities of each agent in a transaction - to whom does each agent owe allegiance or, to put it more simply, who works for who? Here in Manitoba, as of January 1, 1995, agency disclosure became mandatory. In plain English this means that all agents party to a transaction must now state in writing who they work for. But how does this affect you, the buyer? Why is this such an important issue? Well, let me give you an example to illustrate my point. The year is 1994. You are looking for a home with "your agent" - someone you have been looking with for a number of months. Anyway, you have finally found the house you were looking for and you decide to put in an offer. So you tell "your agent" to prepare an offer for $120,000. You also tell him that you really like the house and are prepared to pay up to $130,000 if necessary. The house is listed at $131,900. So the agent presents the offer to the seller and his listing agent and says: "I should tell you that although this offer is for $120,000, my purchaser is prepared to pay up to $130,000". This would, of course be disastrous for the purchaser. And let me say that this type of situation has been completely rare! So what went wrong? Why did the agent "betray" the purchaser? The problem here is that the purchaser's agent was actually working for the seller - the purchaser was only the agent's "customer". The agent's primary obligation was to the seller and not to the purchaser. The purchaser in this scenario was obviously not aware of the agent's legal obligations - or he wouldn't have confided in the agent. Although many people don't realize it, this type of representation - where the purchaser has no representation - was actually the norm in Manitoba prior to 1995. All agents were paid by, and owned a primary duty to, the seller. This was true 99% of the time. Generally speaking, purchasers had no representation. Now it is precisely because of situations like the above illustration that disclosure became mandatory in Manitoba ( in this example the purchaser might be justified is suing the agent because he was not informed about the agent's allegiance). And now, due to the awareness which disclosure has created, it is becoming more common for the purchaser to seek representation from agents. Obviously, it is the next logical step. Very little else changes except the allegiance of the purchaser's agent - and the agent can still be paid by the seller through the MLS system (there is nothing to say that an agent must receive his/her fee from his/her client - in this case, the purchaser). So what have we learned here? Well, we should first note that the principles of agency illustrated here apply everywhere. This is not just a Manitoba issue. The crux of this issue tells us that we must first find out who the agents we are dealing with are working for - assuming that disclosure is not mandatory. You will be asked to sign a document that will outline the allegiances of you and your agent - indicating that you understand it. No problem. If you are not being represented by the agent the next step is to try to obtain representation. I have noticed that it is not the usual practice in some areas for agents to represent their purchasers. So, if this is the case, and you're on your own, the best you can do is to act correctly according to your agency relationship. In other words, don't confide in "your agent" - at least you shouldn't say anything to the agent that you don't want the seller to know. Back To Top Please read though our information pages listed below:
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