佛州买方代理协议是什么？
The Florida Buyer Broker Agreement is a contract made between a sales associate or broker and a potential home buyer. This document will explain the options available for a full commission, a partial commission and no commission at all. As well, the agreement provides the consumer with an exclusive representative for a specific period of time. The agreement is used when the home buyer is looking to purchase real property (not with the intent to sell or lease) and what the agreed upon commission will be for the Broker to be paid if the transaction is successful.
While similar to a standard Florida real estate contract, since it’s a contract between a real estate agent and the buyer, it does have substantial differences. The first thing that is different is whom the contract is written for. Standard real estate contracts are papers signed by all parties involved in the sale or purchase of real property (residential or commercial). Whereas the Florida Buyer Broker Agreement is strictly between the sales associate or broker and Buyer , not the Seller.
It is important to note at this point that the term "Buyer" in an agreement refers to the person seeking the services of a real estate broker or salesperson for assistance in locating and buying property. This terminology is not always clear to the buyer, and they think that they are entering into the contract to purchase property instead of solely hiring the real estate sales agent or broker.
For building or buying a new home, prices can be negotiable as to how much the builder will pay the realtor. The new construction builders often provide a certain percentage (typically between 2-4%) to the listing agent/broker and then pay the other half of the commission to the buyer’s realtor. However, the Builder has to agree to pay commission to the realtor.
The purpose of this agreement, like the standard agreement, is to protect the interests of both parties. The details included in the contract will discuss the parties involved in the transaction, the duties expected of each party, what is required to prevent either party from breaking the agreement, and what happens if either party decides to break the agreement.
Essentially, the Florida Buyer Broker Agreement is a recognition that the "Buyer" is purchasing the services of the "Broker" and not the other way around.
买方代理协议的构成要素
The relationship between the buyer and the broker is crucial to the representation being effective and efficient. The Florida Buyer Broker Agreement is a way to formalize that relationship. This honest and open relationship is the foundation for an effective working partnership. It can also protect the buyer from conflicts of interest. For example, a seller opposed to the commission a buyer offers to pay a buyer’s broker may decide to use a lawyer instead of a broker to represent the buyer. The lawyer would owe duties to the seller if the seller decided to list the property. This scenario is both a conflict of interest and a problem, considering that the Florida Bar’s (the governing body of lawyers in Florida) ethics rules explicitly require a lawyer to disclose any conflicts of interest to a potential client. It is easy to see how a law firm could inadvertently be representing the interests of the other party in this scenario.
The Buyer Broker Agreement will usually address the following issues:
In Florida, the Buyer Broker Agreement only ever creates a legal representation of the buyer by the broker, not a fiduciary relationship nor a Mandatory Disclosure Relationship. It is a legally binding contract. It can be terminated in writing at any time by either party. Both parties sign the contract.
买方的好处
Buyers can benefit from representation when entering into an exclusive Buyer Broker Agreement by having an advocate that will serve their best interest in the transaction. Separate and apart from having representation, a Buyer Broker Agreement will provide the buyer with negotiating leverage. While the agent may have a listing agreement with the seller, the buyer can negotiate listing commission and the fee of their Buyer Broker by virtue of having this exclusive agreement in place. The broker will also be held to a legally imposed duty of loyalty in all dealings with the buyer, thereby creating the fiduciary relationship that is the cornerstone of agency.
每方的权利和义务
The Buyer. The Florida Buyer Broker Agreement obligates the buyer to do two things. First, the buyer must read any advice of counsel recommendation from the broker. The advice of counsel recommendation is not a legal obligation for the buyer, but it is good advice for the buyer to have an attorney, of the buyer’s choice, review the agreement and provide the buyer with counsel on the agreement prior to signing. We always recommend our buyer clients obtain legal assistance. Second, the buyer must provide a Truth in Lending Statement and Borrower Estimate to the broker. This is where the buyer affirms that certain financial information is accurate and correct.
The Broker. The Florida Buyer Broker Agreement obligates the broker to do the following. First, if the buyer does not receive "full credit" for the amount of the commission the seller’s broker earns, the buyer will be responsible for paying the difference between the amount of the seller’s broker’s commission and the amount of commission the buyer broker earns for a transaction.
Second, the buyer is entitled to the return of any commission held by the broker if it can be shown that the buyer did not, in good faith, show an interest in acquiring real estate. This is a fall back provision in the event the broker cannot show that no payment is due after having sold an acquired property to a third party or twice what the buyer broker collected in a commission.
Third, the buyer agrees to pay any fees or commissions due the other brokers involved in the transaction. This is § 6 of the Florida Buyer Broker Agreement form. In simple terms, if the property has two brokers instead of one, the buyer will share in the commission if the commission owed the two brokers cannot be reconciled to the amount the buyer broker earned from the transaction. The language would be helpful if the buyer selected a property with multiple brokers, but one of the brokers canceled its agreement with the seller. The seller’s agent would be entitled to a commission, at the minimum, for the services actually rendered. This section holds the buyer liable for the difference if the seller agent is underpaid.
如何选择合适的佛州买方代理人
The right buyer broker should take the time to understand your specific needs and preferences, assess your budget, and help you set realistic expectations about what’s possible within your budget. For example, if you budget $300,000 for a house in Sarasota and expect to get an immaculate property on the waterfront, your buyer broker will need to gently correct those unrealistic expectations (unless that iPhone app you built is a big hit. Then you could write another $200k check).
Beyond narrowing down the properties to a more realistic price range, you should discuss the kind of property you are interested in buying. Are you looking for a single-family home, a condominium, a townhouse? Is new construction right for you, or are you looking for something with a bit of character? Or, maybe you want to rehab a shell of a property and flip it to make a little money .
Your buyer broker may know of opportunities that haven’t yet hit the multiple listing service (MLS) yet. This is particularly likely if you are looking for a property in an area where interest rates are low, the economy is improving, and home prices are rising. Many listings happen off of the MLS through word of mouth. Your buyer broker can help put the word out, particularly if you have specific needs like location, numbers of bedrooms and bathrooms, outdoor space and other specifics. Additionally, if you are looking to buy an investment property, your buyer broker can help you scout out property that will give you the highest return on your investment.
常见问题和法律权利
One of the critical issues that arises in real estate transactions is the scope and limitation of the real estate broker’s authority. The Florida Buyer Broker Agreement should clearly delineate that the real estate broker is not privy to the conditions of a loan commitment which may cause the deal to fall through. There are instances where a broker may even go so far as to tell the buyer that the seller will take a lower price and that the buyer if the buyer would go over that price the transaction should be aborted. The matter of mediation in real estate must be dealt with at the time the office begins the relationship between the buyer and the broker. The agreement can state that any and all disputes shall be mediated by a third party mediator which shall be agreed upon in writing, prior to commencing the mediation. The decision of the mediator will be final and binding; however, unless stated otherwise a judge will have final authority on any determinations made by the mediator. Termination conditions should be described in clear detail. This will memorialize the fact that, notwithstanding any agreements made previously and any compensation made there, the relationship between the buyer and the broker will be terminated unless certain conditions are met. If the appropriate conditions never come to fruition, there is no contractual relationship.
谈判方法的小秘方
When negotiating the terms of a Florida Buyer Broker Agreement, there are certain strategies and tips that can help you secure a more favorable agreement that is in the buyer’s best interests.
First and foremost, it is crucial to have open and transparent communication with your real estate agent about your negotiating position. Be honest about your price range, what neighborhoods you are interested in, and which properties you are willing to consider. This will help your agent find the properties that will be a good fit for you, but also allow them to find the properties that might be slightly outside your price range quickly so you don’t have to waste your time looking at properties you can’t afford.
Secondly, don’t forget to negotiate the commission amount. Just like with any service, it is perfectly acceptable to discuss and negotiate the commission amount and how that will ultimately be distributed between the buyer agent, the seller agent , and the brokerages. While it can be difficult to convince an agent to reduce their commission when you are using that agent specifically, there may be allowances and exceptions made if the agent sees the prospect of making commissions from other brokerages (namely, the seller’s agent).
It can also be effective to offer the buyer agent bonus commissions. A transaction that is closed quickly or a higher commission amount for the specific sale of a property can offer incentives to your agent to work diligently to find you the perfect property.
Another negotiating tactic is to ensure that the duration of the agreement is reasonable. You do not want an open-ended agreement that places more pressure on you to get something done than the agent with no set expiration date. Typically, 90 days is the longest you should go for the initial term—at most. With your first agreement, consider ending it sooner so you can see how your agent works for you.