9. How Did We Get Here?
• Landmark case in 1993
• $275 million lawsuit
• Involved over 6,000 transactions
10. When Things Go South
The original disagreement is usually pretty clear cut
to rational attorneys . . . so they dig a little deeper
11. When Things Go South
The transaction file is
the fingerprint
Depositions and investigations aren’t something
that you want to experience
12. Let’s Start at the Beginning
This is only a disclosure
Different ways to be
represented
13. Let’s Start at the Beginning
“ . . . be advised that unless
you select a business
relationship by signing a
written agreement, the
licensee is not representing
you. A business relationship
is not presumed.”
14. What are the differences?
• Know the benefits
• You should be able to clearly
explain the differences
• If you can’t explain the
benefits, why do you expect
the buyer to sign an
agreement
15. Buyer Services Guarantee
• Tool to help you explain the
advantages of working with
you
• Link it to the Buyer Agency
Contract
16. Buyer Agency Contract
• Ensures that you get paid
• Outlines what you will do
• Remember – unless a buyer
signs a Buyer Agency
Contract, you represent the
Seller
17. Buyer Objections
• But I don’t want to be tied to you for an extended
period of time.
• But I didn’t have to do this with another REALTOR®
when they showed me some properties.
• But I could end up paying you a commission if I buy
a FSBO.
18. Listing Property
• What are the ramifications of checking off
the Subagent box?
• Recommend that you only check off the box
marked Buyer’s Agent
X
19. Question to Ponder
Can you show a property to a buyer without a
Buyer Agency contract and prior to writing a
contract on it, become a Buyer’s Agent?
20. Question to Ponder
If you show a property to a buyer without a
Buyer’s Agency contract and the MLS printout
indicates that the seller is only willing to
compensate Buyer’s Agents, are you entitled to a
commission if you sell the property?
21. Code of Ethics & Standards of Practice
Standard of Practice 16-10
REALTORS® acting as buyer representatives, shall disclose
that relationship to the seller or broker at first contact and
shall provide written confirmation of that disclosure to the
seller representative or broker not later than execution of a
purchase agreement.