Seller Agency - More Than You Think

The most common and well-known form of seller is seller agency. Seller agency occurs when a property owner "lists" their property with a broker for sale, lease or exchange. Entering into a listing agreement constitutes "agency representation" between the agent, his company, and the seller. This agreement, as a practical matter, opens the door for several things, among others:
  1. It allows the broker to offer the property for sale, lease or exchange on behalf of the seller.
  2. It allows the broker to accept a money deposit and hold it in escrow on behalf of the seller unless otherwise directed.
  3. It allows the broker to show the property, advertise the property, and be privy to the seller's motivation, financial goal as it pertains to the sale, and a load of other privileged information.
The agreement also places lots of responsibilities on the broker, a few of which are:
  1. The broker owes his allegiance to the seller that he represents and must deal honestly with the seller and any prospects or buyers that are involved.
  2. The broker must maintain absolute confidentiality regarding any privileged information that the seller might share.
  3. The broker is obliged to share with the seller any information that he may glean from a buyer or prospective buyer that would impact a negotiation or the process of the sale.
As we discussed before, these are many of the same responsibilities due a buyer in a buyer agency agreement. So the idea is that an agent, whether buyer or seller is being represented, can expect the same level of loyalty, competence, confidentiality, and honesty from their agent.

Needless to say, the concept of agency can vary widely from the actual performance of agency duties because every agent and every buyer or seller has a different personality, a different perception of the seriousness of the agreement, different motivations, and different ethical standards among many other differences.

Consequently, hiring an agent is serious business. When you interview an agent as a seller, the above should be at least among the criteria that you use to make your decision. Of course a seller wants the highest price available in the shortest amount of time. That's what all seller's want. But achieving that goal is not just about the size of the company, how big the ad is or how many times the property will be advertised. 

In the end, its really all about competency, honesty, loyalty, ethical standards and confidentiality. Without these things, the rest of it is all just window dressing and the result will be less success and more chance for problems of all kinds.

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