Once again, you are incorrect. There's no misunderstanding on my part whatsoever.
You've decided that you get to define terms, but that isn't the case. If you'd like to use something more specific like, "fee-based buyer's agent" or some such, that would be fine. However, you're incorrect as it stands. That fact that traditional buyer's agents get their money from a split of the sales commission doesn't make them selling agents.
You're wrong, and you'll continue to BE wrong no matter how much want to it be otherwise.
dadiOH did not define the terms. There is so much confusion about who represents who and who pays who that in Texas, and I'm sure in other states, specific Representation Disclosures must be made.
Go to
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and look up Tile 7 Chapter
1101. I'm sure other states also have online codes.
Here a few quotes from the Texas Code. "Before working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner's agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer's agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly."
"IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material information known to the agent."
I suspect that Brian's "traditional buyer's agent" is legally a
*subagent* that legally represents the owner/seller. As defined in the Code. "Subagent" means a license holder who: (A) represents a principal through cooperation with and the consent of a broker representing the principal; and (B) is not sponsored by or associated with the principal's broker.
There are Buyer's Brokers .... and once again from the standard required Texas Representation Disclosure ...
"If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding"
It's something along those lines. That's what I said in the first place, the buyer's agent is working for the seller. Call it a subagent if you like, that's the agent that the vast majority of buyer's use currently.
Then you should stop referring to a broker representing a seller but dealing with a buyer as a "buyer's agent". ________________
I'm not defining anything, I'm just telling you how it is but you are too inexperienced and/or semantically challenged and/or thick to understand. _______________
I'm right as rain. _______________
And yet you say they are working for the seller.
You are still clueless. Avoid any and all real estate transactions. You might also want to check on the legal meaning of "agency".
-- dadiOH ____________________________
dadiOH's dandies v3.06... ...a help file of info about MP3s, recording from LP/cassette and tips & tricks on this and that. Get it at
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