100: Explaining the Buyer Agreement and How to Use it Effectively with Brent Lancaster: Part 1

Please Note: Effective August 17, 2024, all MLS Participants working with a buyer are required to obtain a written buyer agreement before touring a home. For details about this and other practice changes, please visit facts.realtor.

This is our 100th episode — 100 great episodes with so many amazing people who volunteered their time to help you be the best agent you can be! So many helpful topics for your business! Who has been with me on the whole journey, even if you missed a few? If you see me out on the road at Midyear, Annual, or in a class, greet me and tell me what your favorite episode was! I’d love to hear it!

 

Today, my guest, Brent Lancaster, and I talk about the often legally required, Buyer Representation Agreement. We recorded this before the proposed settlement from the NAR was released. While that settlement is still proposed, and not final, one of the key points in it is the importance of a signed agreement with our buyers. There certainly are many details to be clarified, but it seems this topic is even more relevant than when we recorded it last month, and we knew it was relevant then. This agreement with buyers to work together and get paid for the work you do is crucial to our work.

 

Brent owns a school and teaches CE classes in many states. He’s very familiar with the laws and agreements in many states. He brings so much wisdom to the conversation. I am thrilled to have him with me on this important topic! I hope you can join me for both episodes!

 

[3:47] Brent Lancaster is our guest for our 100th episode! Brent says he’s got fireworks and confetti! Brent is super excited and congratulates Monica on the 100th episode!

 

[4:36] The laws and agency status in each state are not the same. As we talk about this, we need you, the listener, to recognize there are nuances and local practices. Always confirm questions with your broker.

 

[5:11] We’re going to talk about buyer agency commitments. Not every state practices buyer agency and agreements differ by state. Some states are changing their laws. Watch for changes in your state. We’re recording this in March of 2024.

[6:24] First, know what your state’s default agency position is. Regarding clients and customers, you owe your clients a lot more than you do your customers. We need to be honest and truthful to everyone.

 

[7:20] You don’t owe your customers a fiduciary duty. You owe your clients a higher level of service: loyalty, obedience, confidentiality, and in some states, fiduciary duty. You also have the Code of Ethics, over and above the law.

 

[8:41] March’s episodes with Lynn Madison are about all the things agents do for buyers. The structure is changing and there’s no longer an MLS amount a buyer’s agent will get paid. You’ll need an agreement,

 

[10:22] Buyer’s agents have just been accepting the Offer of Compensation. You show different properties, do the same thing, and are offered three different levels of compensation. That’s going away. Now, you, the buyer’s agents are in charge of your level of compensation.

 

[11:27] Now you get to put your value on paper. A lot of agents haven’t done it. Change is hard even if you want to change. We’re at the point where it’s potentially obligated. Get on board, early!

 

[12:12] Brent says a conversation needs to happen before a contract. Brent sits with a seller or a buyer and explains his value and services. The Listing Agreement or the Buyer Representation Agreement is a summation of those conversations.

 

[15:35] Tell y