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Real
estate investing articles >> Real Estate
Servicest
Brokerages
A real
estate broker is in the business of brokering real
estate transactions; that is, finding sellers for those
who want to buy real estate and finding buyers for those
trying to sell real estate. Real estate brokers and
their salespersons assist sellers in marketing their
property and selling it for the highest possible price
under the best terms and assist buyers by helping them
purchase property for the best possible price under
the best terms. In many jurisdictions, particularly
in the United States, a person is required to have a
license in order to be remunerated for services rendered
as a real estate broker. |
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In particular, any of the following descriptions could refer
to a real estate broker in the USA:
• A person owning, managing, or being in charge of
a real estate brokerage firm, even if the broker just works
for him- or herself.
• The real estate brokerage itself. The brokerage is
the firm or business of the broker which can also be called
a real estate agency.
• A licensed real estate professional who has obtained
a broker's license (which entitles them to operate a real
estate brokerage). By default, a real
estate broker of this kind has already met the requirements
of "salesperson" or "agent" licensure.
A real estate broker can still be designated as such without
owning a real estate brokerage.
• Some people may refer to any licensed real estate
agent as a real estate broker. A licensed real estate agent
is a professional who has obtained either a real estate salesperson's
license or a real estate broker's license.
Services provided by real estate agents to customers
The customers of real estate brokers are the sellers and buyers
of the real estate to be sold. The sellers and buyers themselves
are the principals (definition 2 in the Principal article)
in the sale and real estate agents are their agents (law).
However, although a real estate agent commonly fills out the
real estate contract form, typically real estate agents are
not given power of attorney to sign the real estate contract
or the deed; the principals and seller sign these documents,
respectively. The respective real estate agents put themselves
down on the contract as the agents for each principal so that
they may be able to collect their commission(s). The use of
a real estate broker is not a requirement for the sale or
conveyance of real estate or for getting a mortgage loan from
a lender; although once a broker is used, the lender or its
attorney will require that they be paid. Lenders typically
have other requirements, though, for a loan: see Closing cost.
1. A buyers agent represents the buyer during the transaction
and has fiduciary duty to the buyer.
2. A sellers agent represents the seller during the transaction
and has fiduciary duty to the seller.
3. An agent is usually both the buying and selling agent at
different times in their career, there are certain agents
who will choose to work as a buyers or sellers agent exclusively.
The actual practices of real estate agencies depend on the
state or other location. However, services provided by real
estate agencies are commonly as follows:
Services provided to seller
Upon signing a listing contract with the party wanting to
sell the real estate (seller), the real
estate brokerage (agency) attempts to earn a commission
by doing the following for the seller:
• Find buyer(s) for the real estate the seller wants
to sell, especially financially qualified buyers who are willing
to pay the listing price or close to it. In the United States,
the law requires the real estate agent to forward all offers
to the seller for consideration or review. To help accomplish
this goal of finding buyers, a real estate agency commonly
does the following:
o The real estate property is listed for sale to the public,
often on a Multiple Listing Service in addition to any other
ways of listing the property.
o Preparation of papers describing the property for advertising,
pamphlets, open houses, etc.
o Often a "For Sale" sign is placed on the property
indicating how to contact the real estate agent.
o Advertising the property. Advertising is often the biggest
outside expense in listing a property.
o In some cases, holding an Open house to show the property
o Being a contact person available to answer any questions
about the property and to schedule showing appointments
o Ensuring buyers are pre-screened so that they are financially
qualified to buy the property; the more highly financially
qualified the buyer is, the more likely the closing will succeed.
• In some cases, provide the seller with a real property
disclosure form and other forms which may need to be filled
out
• Negotiates price on behalf of the sellers. The seller's
agent acts as a fiduciary for the seller. This may involve
preparing a standard real estate purchase contract by filling
in the blanks in the contract form.
• In some cases, holds an earnest payment cheque in
escrow from the buyer(s) until the closing. The closing is
the buyer/seller meeting where the real
estate property is actually bought/sold and the title
is conveyed by a deed.
Lockbox
A situation which may need the use of a broker to sell a house
is when the seller does not live in or near the real estate
to be sold or has already moved out and may be living too
far away to show the real estate to prospective buyers, who
will surely want to see the inside before considering buying
it. A real estate brokerage can be hired to help arrange showing
of the property
by various real estate agents.
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Since there will be nobody living there
to allow customers/agents inside, a lockbox can be placed
on the door handle (or otherwise attached to the door
or the building) which can only be removed by the listing
brokerage. Locked inside the lockbox is the key(s) to
the building. The lockbox can only be opened by licensed
real estate agents, and often only with authorization
from the listing brokerage, usually by the use of some
secret combination provided by the brokerage. |
Services provided to buyer
• A real estate brokerage (agency) attempts to do the
following for the for buyers of real estate:
o Finding real estate in accordance with the buyers needs,
specifications, and affordability
o Taking buyers to and showing them properties available for
them to buy
o When deemed appropriate, prescreening the buyers to ensure
they are financially qualified to buy the properties shown
• Negotiates price on behalf of the buyers and prepares
standard real estate purchase contract by filling in the blanks
in the contract form. The buyer's agent acts as a fiduciary
for the buyer.
For both buyers and/or sellers
• If the same agent represents both the buyer and the
seller, the agent is typically considered a dual agent. Special
laws/rules often apply to dual agents, especially in negotiating
price.
• Additionally, some real
estate agents coordinate various aspects of the closing
Real estate agent typically do not provide title service such
as title search or title insurance, do not conduct surveys
or formal appraisals of the property such as those required
by lenders, and do not act as lawyers for the parties, although
they may "coordinate" these activities with the
appropriate specialists.
Regardless of whether a real estate agent assists sellers
or buyers of real estate, negotiation and financing skills
are important.
Some real estate brokers may be associated with loan officers
who may help to finance buyers to make their purchase.
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