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A Pothole for Virginia Home Buyers

July 27, 2012 By Doug Francis

Every year I get involved in a few real estate transactions where the agent on the other side of the transaction is doing “limited” work.  It is perfectly legal to be a Limited-Services Agent in Virginia, but home buyers should understand what this means for their buyer agent… at least from my perspective.

Pothole - Lansdowne Road

Pothole Flickr Photo: Alan Stanton

When I started as a real estate agent in the early 1990’s there where plenty of  Limited-Services firms that collected a fee upfront and had the home seller send in a description. In return, the listing was put into the MLS with a comment to “deal with the owner and do not call the agent“, they were given a yard sign and a Realtor lockbox. These days they upload photos and post to Realtor.com too.

The real twist comes when you (the buyer client) decide to put in an offer on their property. Most times the seller still believes that any agent walking in the front door is on “their team” to make the deal happen and earn a juicy commission, but that really isn’t the case at all. The confusion created by this presumption prompted the Commonwealth of Virginia to revise the Code in 2012 requiring written buyer representation agreements that outline a basic job description including how their agent gets paid and what jobs they are to perform.

Here is the problem: home sellers still believe that they “own the agent”

How do you protect yourself?

The recommended way is to have a written agreement with your agent that states what they are going to do for you. You know, like a job description.

The Realtor Association does have a standard form that outlines confidentiality, basic duties, compensation, the purpose (buy a home), a fair housing disclosure, and important buyer responsibilities. These agreements always have a set time frame which may be one day or a hundred days… whatever works for you.

My point is this: you really do need to understand that your real estate agent is representing your interests in the transaction especially in Limited Agency situations. If your agent is meeting with the seller at the kitchen table to review all 24 pages of the standard Northern Virginia real estate contract, and probably explaining every paragraph, then you can picture why having a professional relationship is essential. Yes, they are doing practically double duty! The pothole which might slow things down is that the seller does not have a professional to consult with especially when trying to make a counter offer. Negotiation is a skill that most people need help with.

My experience in these matters is that a fine-line has to be drawn at that kitchen table from minute one.

  • establishing a timeline for a response
  • explaining contingency periods for home inspections or appraisals
  • managing the transaction workflow with lenders and settlement companies
  • communicating expectations of all parties

Negotiating on a home is complicated because there are so many variables, and Virginia home buyers should know that their buyer agent is working to promote their interests when negotiating on a home.

Read more on the blog in the Buyer Tips section.

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Filed Under: Blog, Home Buyer Tips Tagged With: buyer agent, Northern Virginia, real estate

About Doug Francis

A Realtor specializing in unique and new homes around Vienna, Virginia, Doug started writing a first-hand blog about his everyday real estate experiences a decade ago. In depth, helpful and fun has always been the objective. Outside real estate, he "starred" in a tech commercial for Verisign's "Where the World Clicks" campaign, and was quoted in Money Magazine's Best Places to Live article on Vienna. He's a Boston University graduate who feels morning coffee is non-negotiable.

Being able to guide my clients through many real estate sales, either moving out, moving in, or just across town, has been a rewarding experience that helps when discussing a plan with a future client.

Being able to help them focus and understand our proven sales plan always eases their anxiety of this looming personal task. And, putting it into bite-sized steps always helps them get where they really want to be.

My background… I’ve been an active licensed agent in Virginia for 25 years, work at TTR Sotheby’s International Realty in McLean, and sell homes in all price ranges. I donate to the town tree replacement fund, participate in a neighborhood citizens association, and try my best to stay in shape.

Questions? Email doug@dougfrancis.com or call me at (703) 304-6827 to discuss your plans. Cheers!

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About Doug Francis

I am a Realtor with TTR Sotheby's International Realty® just outside Washington D.C. in Northern Virginia. I have been a full-time Realtor licensed in Virginia since 1991, and cover a big territory specializing in the Vienna real estate market and custom homes for sale.

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