realestate

Reviewing Key Developments in Residential Property Law

Industry experts reveal best practices for negotiating written buyer contracts.

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rokers and agents are adjusting to new practices implemented as part of a settlement agreement that received final approval in late November. Florida agent Vanessa Franz Barnes recalled navigating buyer-broker agreements with long-time clients, feeling uncertain about having them sign the documents. To educate members and consumers, the National Association of REALTORS launched facts.realtor, which has added tools like "Dos and Don'ts" resources for working with buyers and sellers.

    To demonstrate professionalism, agents should clearly explain their value to buyers and help them understand the benefits of written buyer agreements. These agreements set expectations, define responsibilities, and build trust by outlining terms and eliminating misunderstandings. As Franz Barnes said, "A buyer agreement protects both you and your buyer by outlining those terms and eliminating misunderstandings that we might have along the way."

    Agents should prepare for questions from clients and be prepared to negotiate commissions. Written buyer agreements drive home the point that agent commissions are negotiable. To negotiate effectively, agents should ask buyers questions to understand their hesitation and share stories to validate their compensation.

    As a REALTOR, an agent is guided by the Code of Ethics, which spells out their pledge to protect and promote the interests of their client. Written buyer agreements help accomplish this goal. California broker Barb Betts recommended helping buyers strategize a plan if a seller chooses not to offer buyer agent compensation.

    When working with sellers, agents should inform them that a buyer may seek compensation for their agent. If sellers don't initially choose to cover buyer agent fees, they may be open to negotiation down the line. Three months into the practice changes, Betts said it's business as usual, with sellers enjoying the choice of how to handle decisions about marketing their property or contributing to compensation or concessions.

    Franz Barnes expressed optimism about written agreements, seeing them as opportunities rather than obstacles. They've helped her reprioritize buyer consultations and refine her process to truly connect with and guide her clients.

Image: Legal documents and gavel on desk, symbolizing property law review.