Page 25 - Boca Club News - December '23
P. 25

Boca Club News, Page 25
      Legal: How Realtors Serve Home Buyers and Sellers




      By Michael J Posner, Esq., a partner              Listing Agent, is known as the Selling Agent or Cooperating      The crucial step is finding the right Realtor to hire. Using
      in Ward, Damon, Posner, Pheterson                 Agent (despite representing a buyer and being sometimes   online reviews, and sales history plus experience, is the key in
      & Bleau, P.L. a mid-sized real estate             erroneously referred to as the Buyer’s Agent). A true Buyer’s   finding the right real estate agent. For a seller, choosing poorly
      and  business-oriented  law  firm                 Agent is an agent who represents, and is being paid solely   can lead to a slow sale, lower offer, and a difficult closing–and
      serving  all  of  South  Florida,  with           by, the buyer. This type of representation is rare, mostly   for a buyer, it can mean missed opportunities, poor service and
      three offices in Palm Beach County.               done for high-end buyers looking for very specific types   bad referrals (like lenders, surveyors and the like).
      They specialize in real estate law and            of properties, and for whom the extra expense is worth the
      can assist sellers and purchasers with            charge.                                                  A Free Opportunity
      closing and financing of residential                 Traditionally, a Realtor was the agent for the client,
      and  commercial  real  estate  including  remote  closings.   whether it be the buyer or seller. This imposed certain   For Animal
      They can be reached at (561) 594-1452 or at mjposner@  obligations on the Realtor, including a fiduciary duty to
      warddamon.com.                                    the client and strong limits on the agent’s interactions with
         Before  the  Internet,  the American  real  estate  sales   the buyer or seller whom the Realtor did not represent.   Lovers ...
      market was dominated by the multiple listing service (MLS)   Today, most Realtors operate as transactional agents, and
      process, which is owned and run by local boards of Realtors,   therefore do not represent either the buyer or seller. They   Now Feed 6 Shelter Dogs and Cats
      such as the local Palm Beach Board of REALTORS . A   act as professional assistant to all parties, providing services
                                                  ®
      seller would hire a licensed real estate agent to list the   such as preparing offers from buyers and assisting sellers in   Every Day at No Cost to You ...
      property for sale, and this information would be placed   responding to such offers. This reduced liability still means   in Less Than a Minute ...
      in the MLS, which system provides detailed information   that the transactional agent must act in good faith and use   with just “Click”
      about a specific property for sale. Only licensed Realtors   fair dealings with all parties.
      have access to this information, meaning that buyers were      Buyers get access to the properties listed in MLS through      Want to feel really good about yourself? If, like most
      entirely dependent on Realtors to gain knowledge and access   their real estate agent without any fees or cost. However, a   of us, those TV announcements bring tears to your eyes
                                                                                                            with photos of sad shelter dogs and cats in small cages,
      to a majority of properties available for purchase.   new trend is a small transaction fee being charged to buyers   hoping somehow to be brought into loving homes – when
         The history of the MLS goes back over one hundred   by their real estate agent (usually between $295 and $395).   you wish over and over again that you could somehow
      years to the late 19th Century, when local Realtors would   This fee, in part, relates to the costs imposed on real estate   bring joy into their lives, here is an act of loving kindness
      gather at their local real estate boards to share information   brokers who are required by law to file and store all real   that will cost you absolutely nothing ... and take less than
      about the properties they were trying to sell. A Realtor could   estate records for at least five years.  a minute a day.

                                                                                                               Visit the website: www.theanimalrescuesite.com and
      go it alone, hoping to find a buyer and keep the full sales      In addition, many houses listed in the MLS use a lockbox   click on the words “Click here to feed a dog or cat.” A
      commission, or a Realtor could offer the other Realtors in   system for access. Only a Realtor can get the code (or use an   “button” will appear on your screen, and all you have to
      the local board a share of the commission in exchange for   electronic unlock device) to gain access to a listed property.   do is click on it once. Each time a person clicks on that
      them bringing buyers to their listing.            A buyer can get to see multiple properties faster with his or   button, the website’s sponsors provide bowls of food,
         As part of the MLS system, the listing agent invites   her own real estate agent, rather than having to get several   free, to feed 6 dogs and cats.
                                                                                                               That’s all there is to it. In only seconds each day, you

      other agents to make offers on their listed properties and   listing agents to open up each different property the buyer   can see to it that 6 animals are fed. The folks who run
      contractually agrees to pay them a commission, usually   is interested in viewing.                    the website never bother you with tons of promotional
      fifty percent of the full commission. As stated, buyers      The system still works the same today, though many   e-mails. You can, if you wish, click on a link that sends
      have no access to this information, and therefore they must   buyers simply browse the Internet until they see a house   a daily reminder to you. I did that; the reminder is
      hire a Realtor to help them find them a property with the   they are interested in, and then they get their real estate agent   e-mailed, and that is it. No hard-sell follow-ups. And if
                                                                                                            you realize how good it will make you feel to be able
      understanding that they will be paid by the listing agent and   to show them the property. However, not all properties that   to do at least something for these poor, loving creatures
      not by the buyer.                                 may be available for purchase are shown on the Internet, and   who are there through no fault of their own (some have
         This system is what dictates the terminology for the   having an agent can sometimes mean special access to these   been rescued from abusive owners), imagine how even
      Realtors involved in the transaction. The agent who has   pre-listed properties. Having this access can be crucial in   bowls of food will help make the animals feel better.
                                                                                                               Please take just seconds a day to lift 6 animals’ spirits
      the listing from a seller is commonly referred to as the   very hot markets, when there are too many buyers chasing     ... and your own. Thanks.
      Listing Agent. The buyer’s Realtor, who is being paid by the   too few houses for sale.
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