My client wants to make an offer on a for-sale-by-owner property. What is the best way to approach the seller with the offer and make sure I receive my fee?

按照以下顺序签署文件,这样在双方签署合同之前,你就有了支付费用的书面协议:

1. Have your buyer sign a buyer’s representation agreement. If the buyer signs the Residential Buyer/Tenant Representation Agreement (TAR 1501), you may want to point out that under Paragraph 11B, the buyer may be obligated to pay you if the seller refuses or fails to pay your fee.

2. Provide the seller with the Information About Brokerage Services form (TAR 2501, TREC OP-K) and discuss the agency relationships involved in this purchase. You may want to use the Representation Disclosure (TXR 1417),以书面形式表明已向卖方作出必要的陈述披露.

3. Complete the Registration Agreement Between Broker and Owner (TAR 2401),并勾选经纪人代表部分的方框(第4节),表明您仅代表潜在客户. Have the seller sign this document.

4. Give the seller the Seller’s Disclosure Notice (TAR 1406) to complete and sign.

5. Present your buyer’s offer for the seller’s consideration and signature.

Remember, even though your client is the buyer, you have an obligation to treat the seller fairly and honestly. Avoid actions that might be construed as pressuring the seller to sell the property to your client.

我明白,当代表买方时,有一份书面的代理协议是很重要的,而且要求经纪人有一份由同意支付佣金的人签署的书面协议,以向客户执行这项权利. But why should I be concerned about this fee issue, 因为在我的市场中,卖方的代理几乎总是根据MLS住宅列表支付合作经纪人的费用?

《2021十大正规彩票app》中确实包含了经纪人将寻求从卖方处获得经纪人费用的条款, landlord, or their agents, 但规定,如果买方代理人未从这些来源获得全部或任何指定佣金, 然后买方/租客有义务支付佣金(或协议中规定的金额与卖方支付的金额之间的差额), landlord, or their agent). 该条款还可以为在协议期限内购买房屋的买方建立一项法律索赔,该买方使用其他代理完成购买,而不是使用买方代理协议中指定的经纪人. 在首次向买方提交代理协议供其签署时,经纪人应清楚地解释买方在本协议段下的潜在费用义务. 明确经纪人/客户关系中各方的权利和义务是订立书面经纪协议的主要原因之一.

I'm changing brokers and I have several buyer clients who've signed buyer-representation agreements. Can I take these buyers with me to my new broker?

No. A buyer-representation agreement is a contract between a buyer and a broker, not a salesperson. As such, your buyers would still be represented by your previous broker. However, your buyers can ask to be released from the buyer-representation agreements with your previous broker.

Does the law require a broker to have a written representation agreement to act as someone’s agent?

No. A relationship between a broker and a client can legally exist without a written document. However, there are four good reasons why a broker-client relationship should be in writing, whether it’s with a buyer, seller, landlord, or tenant:

1. 除非当事人签署书面协议,同意支付佣金,否则经纪人不能为收取佣金而起诉.

2. 如果公司政策允许经纪人充当中间人(经纪人在同一笔交易中与卖方和买方都有经纪人-客户关系), then the broker must obtain the written consent of each party and it must state who will pay the broker. Texas REALTORS®买方代表协议和上市协议包括经纪人作为中介的必要书面同意和其他法定要求.

3. 经纪人和客户之间的书面协议有助于确保各方就代理条款达成一致.

4. Article 9 of the Code of Ethics requires that REALTORS®, for the protection of all parties, assure whenever possible that all agreements related to real estate transactions are in writing.

Our firm's Web site contains the Information About Brokerage Services form (TAR 2501), which can be read and downloaded by anyone visiting the site. If we meet with a prospective buyer at one of our listed homes, and the buyer says that he found the home on our Web site and read the form while on the site, 当我们第一次在上市的房子见到他时,我们还需要给他一份表格的副本吗?

While it is proactive for you to provide the form on your Web site, Section 1101.《2021十大正规彩票app许可法》第558(c)条要求被许可人在与2021十大正规彩票app交易的一方进行第一次实质性对话时,向该方提供表格中包含的书面声明. 《2021十大正规彩票app许可法》将“实质性对话”定义为涉及与特定2021十大正规彩票app有关的实质性讨论的会议或书面沟通. 这一术语不包括在一个开放的房子里开会,也不包括在交易双方签署合同或租赁后发生的会议或书面沟通. In the situation you describe, 《2021十大正规彩票app许可法》要求你在第一次与潜在买家见面时向他提供这份表格. 注:持牌人如拟批出不超过一年的住宅租约,而又不考虑出售,则无须提供书面声明书, or the licensee meets a party who is represented by another licensee.

我是一处房产的挂牌经纪人,但在我的合同到期后,另一名经纪人把它挂牌出售了. I now have a buyer client who wants to see that same property. Must the new broker, or my broker, designate me as an appointed licensee, or how may I otherwise act?

Assuming an agreement with the listing broker as regards cooperation and compensation, you may represent the buyer as an exclusive agent. You cannot be appointed by the intermediary because you are not an associate of the listing broker, and from the facts as you describe them, no intermediary status is going to arise. Confidential information obtained from the seller when you were acting as the seller's agent, of course, could not be disclosed to your new client, the buyer.

各自指定的持牌人必须分别向各自的潜在买家和潜在卖家提供有价值的意见吗?

At the time a property is listed, 持牌人有义务将持牌人对物业市场价值的意见告知业主. Once appointments have been made, the appointed associates are permitted, but not required, to provide the party to whom they have been appointed with opinions and advice during negotiations.

A buyer asked me to show him a property that’s listed for sale in the MLS, but we didn’t sign a representation agreement. If I show him the property without a signed representation agreement, would I be considered a subagent of the seller?

It depends. 如果你建立了一种代理关系,你代表买方——即使你没有签署代理协议——那么你对买方负有信义义务,你不是卖方的代理. 

A subagency relationship is not as common as it used to be, but it usually arises when a buyer who is not represented uses the services of a broker to view a property. 然后,该经纪人对上市经纪人和卖方(而不是买方)负有信托责任,买方被视为经纪人的客户. It is important that a broker in this situation obtain permission from the listing broker, and explain his or her role to the buyer to avoid any confusion.