101: Explaining the Buyer Agreement and How to Use it Effectively with Brent Lancaster: Part 2

In Part 1 with Brent Lancaster, we started the conversation about the Buyer Agreement and it’s a timely conversation. We recorded this before the proposed settlement from NAR was released. While the settlement is still proposed, and it’s not final, one of the key points in it is the importance of a signed agreement with our buyers. There are details to be clarified but it seems this topic is even more relevant than before we recorded it.

 

This agreement with buyers to work together and get paid for the work you do is crucial for us. Brent owns a school and teaches CE classes in many states and is very familiar with the laws and agreements in many states. He’s not a lawyer and he’s not a pro on every single one but he does bring so much wisdom to the conversation. I’m thrilled to have him with me for this topic and I hope you join us for both episodes.

 

Let’s join Brent and learn more about the sections that are in most Buyer Agreements. It’s important to understand all those sections, and why they are important. Your documents will vary from state to state, as does your law. Please refer to your state law first, guidance from your state and local associations, and, very importantly, your broker for clarity on your specific state and situation.

 

[2:58] Brent Lancaster, welcome back with us! In the last episode, we talked about the Buyer Agreement, having the conversation with the buyer to sign it; why it’s important to sign it, and what happens if something goes wrong. In this episode, we want to discuss the elements of the Buyer Agreement. It’s becoming more important that they are accurate.

 

[3:49] Defining your Buyer Agreement and how you fill it out is the job of your broker and the lawyers in your state. It is not your job. We’ll talk about some of the things we teach in the ABR® Accredited Buyer’s Representative designation. Go to your broker and your state law for your policy; also check with your state and local associations.

 

[5:25] The commitment has a start date and an end date with a caveat for an automatic extension for a closing that is scheduled beyond the end date, similar to a listing agreement. The length may be negotiated. It may be for 180 days or no longer than a year to be enforceable.

[6:56] In a discussion with a broker, in arbitration, or with a judge, they will look at much more than the agreement as to whether it’s enforceable. They’ll look at how closely you worked together, who made a change, how much work you did, and more. How many calories did you burn?

 

[7:45] The Carryover Period extends the time of the agreement if the buyer buys a property after the agreement that you showed the buyer during the agreement. The buyer may still owe compensation. This clause protects you.

 

[8:40] The Duties of Each Party is in two paragraphs. Discuss this in your buyer consultation in terms of your responsibilities and the buyer’s responsibilities. Try to have the same number of bullet points for each party. Brent gives some examples and priorities of the responsibilities of the agent.

 

[12:50] Brent discusses some responsibilities of the buyer. The first is to work exclusively with the agent. Explain why that’s important. Discuss what happens if the buyer is approached by another agent, or walks through a model home. No one in a model home represents the buyer. They are working for the seller.

 

[14:05] The buyer consultation covers some of these situations, such as what properties they’ve looked at, if they have financing and more.

 

[15:51] One section deals with compensation. Explain how money flows in the