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Today I am here to answer the question, “Who does the real estate agent work for in San Antonio?” This is a great question, and it’s actually covered by a disclosure in Texas called the Information About Brokerage Services. It’s one of my favorite documents in the real estate library, and I’m going to take just a few minutes today to go over it with you.
The Information About Brokerage Services disclosure simply describes how brokers work. In Texas, we are very pro-consumer, and don’t want people to get taken advantage of at all. Any time you have a substantial conversation with an agent, they should present that information to you.
The first thing this disclosure states is that brokers can represent the seller. When you see a yard sign with an agent’s name on it, that agent represents the seller. That means they have a fiduciary duty to the seller, and have to work diligently and competently, as well as negotiate on their behalf and disclose any information that the buyer gives to them.
If a buyer calls that sign and speaks to the listing agent, they are putting themselves in a bad spot. The agent will get all the buyer’s information and can then go give that to the seller. The buyer is giving up their negotiating rights by speaking with the seller’s agent.
Now, in Texas, brokers can also represent buyers. When they do, they need to have a signed agreement stating so. In most states, the seller’s commission to the agent actually pays for the buyer agent’s commission as well. Most of the times as a buyer, you won’t have to pay them!
Finally, brokers can also work as intermediaries between a buyer and a seller. In San Antonio, Keller Williams has about 1,600 agents in 3 different brokerages. It’s very possible that 1 KW agent will be on the listing side, and another KW agent will be on the buying side. An intermediary can’t disclose any confidential info, and everyone has to be treated fairly. Everything is confidential and separated with an intermediary. However, if something is required to be disclosed by law, such as a bankruptcy or foreclosure, they have to disclose it.
When choosing a broker to represent you, make sure you know who is being paid by whom. It’s clearly outlined in the both the buyer representation agreement as well as the listing agreement.
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