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Buyer
brokerage (or Buyer agency as it is also known) is the
practice of real estate brokers (and their agents) representing
a buyer in a real estate transaction rather than, by
default, representing the seller either directly or
as a sub-agent. In most states, buyers who worked with
an agent of a real estate broker in finding a house
were customers of the brokerage, since, by most common
law of most states at the time, the broker represented
only sellers. Only in the last fifteen years or so have
states passed statute law to create buyers' agency.
Today, if the buyer is
working with a broker other than the brokerage which
"lists" the property, he may choose to enter
into a buyer-brokerage agreement to be represented.
(In some cases where dual agency is permitted by law,
even the listing broker may represent the buyer). If
the buyer does not enter into this agreement, he/she
remains as a customer of the broker who is then the
sub-agent of seller's broker.
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A real estate broker is a party who acts
as an intermediary between sellers and buyers of real estate
and attempts to find sellers who wish to sell and buyers who
wish to buy. In the United States, the relationship was originally
established by reference to the English common law of agency
with the broker having a fiduciary relationship with his clients.
Estate agent is the term used in the United Kingdom to describe
a person or organization whose business is to market real
estate on behalf of clients.
In the US, real estate brokers
and their salespersons (commonly called "real estate
agents") assist sellers in marketing their property and
selling it for the highest possible price under the best terms.
When acting as a Buyer's agent with a signed agreement , they
assist buyers by helping them purchase property for the best
possible price under the best terms. Without a signed agreement,
brokers may assist buyers in the acquisition of property but
still represent the seller and the seller's interests.
In most jurisdictions in the
United States, a person is required to have a license in order
to receive remuneration for services rendered as a real estate
broker. Unlicensed activity is illegal, but buyers and sellers
acting as principals in the sale or purchase of real estate
are not required to be licensed. In some states, lawyers are
allowed to handle real estate sales for compensation without
being licensed as brokers or agents.
A real estate contract is a
contract for the purchase/sale, exchange, or other conveyance
of real estate between parties. Real estate called leasehold
estate is actually a rental of real property such as an apartment,
and leases cover such rentals since they typically do not
result in recordable deeds. Freehold conveyances of real estate
are covered by real estate contracts, including conveying
fee simple title, life estates, remainder estates, and freehold
easements. Real estate contracts are typically bilateral contracts
and should have the legal requirements specified by contract
law in general and should also be in writing to be enforceable. |
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