Exclusive Buyer Agency
Frequently Asked Questions
When purchasing a NH home, Buyers usually have many questions.
We have compiled this list of the most often asked questions. If you have other questions not listed here, then please contact us. We'll be happy to answer any question you may have.
- I'm confused as to all the different kinds of agents available to me. What does this all mean?
- What will you do for me as an "Exclusive Buyer Agent" ?
- What is an "EBO"?
- Other agents say they can represent me, how are they different?
- Won't I get a better deal if I buy directly from the listing agent?
- I spoke with an agent who said they can represent the Seller and me at the same time and everything will be fine. How can they do that?
- What's a "fiduciary relationship"?
- Why would a Buyer choose to work with a Non-Representative, a Seller's Agent or a Disclosed Dual Agent?
- Can a Buyer's Agent represent me if I buy a "For Sale By Owner"?
- Why would a Buyer's Agent work for a better price for the buyer if the agent is working based on a percentage of the sale price?
- Can a Buyer's Agent tell me if I am paying the right price for a home?
- How much does it cost to have the services of Buyer's Option Realty Services?
- When should I call an Exclusive Buyer's Agent?
- Do you require me to sign a contract?
- Any other reason I should use an "Exclusive Buyer Agent" (EBA) who works in an "Exclusive Buyer Office" (EBO)?
Q: I'm confused as to all the different kinds of agents available to me. What does this all mean?
A: "Agency" is an expressed or implied authorization for one person to act for another. Brokers are now allowed to choose their relationship with you and you with them. Real Estate professionals may now act as Buyer's Agents, Seller's Agents, Disclosed Dual Agents (agents of both the buyer and seller in the same transaction) or Non-Agents. Exclusive Buyer Agency, (EBA) is a very special relationship practiced by less than one in a thousand REALTORS® in the U.S. today. [NH Agency Disclosure]
Q: What will you do for me as an "Exclusive Buyer Agent" ?
A: As YOUR Exclusive Buyer Agent, we represent YOUR interest 100% of the time and avoid all potential conflicts of interest. We never take listings and therefore, never have a conflict of interest with any Seller. We will show you not only properties in the Multiple Listing Service but also "for-sale-by-owner' properties, pointing out the "good and bad points" of all properties, regardless of whom they are listed with.
We prepare a contract that offers better terms and conditions favoring the buyer and will present the contract to the Seller directly whenever possible. We will protect your interests should any problem arise during home inspections and will negotiate in your best interests any time there is a need to reopen contract negotiations.
A: An EBO is an Exclusive Buyer Office; a real estate company where ALL licensees are agents representing only buyers of real estate. It is an office that NEVER takes listings. This eliminates the chance that you will ever be in a "Dual Agency" situation and find yourself without 100% representation, regardless of what property you choose to buy. [Dual Agency]
Q: Other agents say they can represent me, how are they different?
A: All agents are not created equal! Many traditional companies today act as both Buyer's Agents and Seller's Agents. If an Agency takes listings, ALL agents in that office are obligated by law to represent the SELLER on all company listings. These companies often end up in situations where they must switch their relationship to one of a Disclosed Dual Agent ("representing" both buyer and seller in the same transaction). One of their obligations is to get the highest price and best terms for the seller. Therefore, a real estate company that takes listings simply cannot obtain the highest price for the seller and still get the lowest price and best terms for the buyer. If you were being sued, would you want the attorney representing the "other side" to be representing you? [Hidden Costs]
Q: Won't I get a better deal if I buy directly from the listing agent?
A: NO! The listing agent owes his or her loyalty to the seller and cannot legally help you get a better deal. Although some buyers believe that the listing agent should be willing to take a lower commission because he or she does not have to share with another agent, they fail to consider that the listing agent has twice the amount of work if there is not another agent available to help, so the listing agent may still not be willing to give up the commission.
Q: I spoke with an agent who said they can represent the Seller and me at the same time and everything will be fine. How can they do that?
A: They cannot. A real estate agent cannot represent and negotiate for both parties in a transaction any more than an attorney can represent both sides in a lawsuit. [NH Agency Disclosure]
Q: What's a "fiduciary relationship"?
A: This is a special relationship of trust established by law, similar to the relationship one maintains with an attorney or accountant. When an agent acts in a fiduciary capacity, (as YOUR agent), the agent is legally obligated to maintain a bond of confidentiality, loyalty, obedience, and also to provide their client with full and complete disclosure of any known facts. In a fiduciary relationship, the agent is obligated by law to work in the "clients" best interest at all times. [NH Agency Disclosure]
Q: Why would a Buyer choose to work with a Non-Representative, a Seller's Agent or a Disclosed Dual Agent?
A: Today, most states require brokers to provide disclosure about the available relationships and the manner in which their company chooses to act. Although they have several choices, Buyers should fully understand the ramifications of each choice available. Only then, can they make an informed choice, the one that best suits their needs. Those who truly understand the value of being properly represented by a competent and devoted advocate always choose an Exclusive Buyer's Agent. Buyers should understand that an agent showing a buyer any home listed with that agent's FIRM, that agent is obligated to protect the interest of all sellers listed with that firm and must, by law, disclose all information they have about you to the Seller. You also must be careful never to fall into a dual agency situation! When both Buyer and Seller are under an "Agency" contract with the same agent or another agent in the same firm, the agent then falls into the category of a "Disclosed Dual Agent". The agent owes each the fiduciary duties of confidentiality, disclosure, loyalty and trust but must now remain neutral to both sides, leaving both sides without adequate representation. Your interests are no longer first and foremost. Everyone knows you cannot serve two masters! If you consent to dual agency you are giving up your right to undivided loyalty. [Hidden Costs]
Q: Can a Buyer's Agent represent me if I buy a "For Sale By Owner"?
A: Yes! The Buyer Agent discloses to the seller that he or she is representing the buyer and the fee is normally included in the agreed upon purchase price, just as it would be in a transaction with a property listed in the Multiple Listing Service.
Q: Why would a Buyer's Agent work for a better price for the buyer if the agent is working based on a percentage of the sale price?
A: In the usual commission split between a broker and an agent, a $5,000 difference in price results in approximately $75 in commission to the agent. As Exclusive Buyer Agents, good will and word of mouth advertising are much more valuable to us, not to mention the agents' legal obligation to represent the Buyers' best interest.
Q: Can a Buyer's Agent tell me if I am paying the right price for a home?
A: Your Buyer's Agent can research previous sales to determine the value of a particular home in a given neighborhood. Completing a competitive market analysis will help determine the price you should pay.
Q: How much does it cost to have the services of Buyer's Option Realty Services?
A: As a buyer, you can choose a company to work FOR YOU. Unless you choose otherwise, our compensation comes from the proceeds of the transaction. Our future business depends on your satisfaction and subsequent referrals to your friends and neighbors. If you are pleased with our services, please tell someone about us.
Q: When should I call an Exclusive Buyer's Agent?
A: BEFORE you begin looking for a NH home! Remember, home advertisements are placed by real estate companies that represent the Seller, so the agent showing you property will represent the seller or be a dual agent. 
Before you start your search for a property, whether you choose to hire a Buyer's Option Realty agent or someone from another agency, it's very important that the agent you view ANY property with is an agent who you have interviewed and understand whom the agent is representing. You want to know that agent is well qualified and knowledgeable to represent you and work in your behalf. In most cases once an agent has shown you a property, even if they are the listing agent and representing the Seller, this may bind you to that agent because of how commissions are structured. That agent may not represent you, but will be due the commission designated for the agent having the Buyer (even if that agent is NOT representing you, and is representing the Seller). When it comes to what is probably the largest financial purchase of a lifetime, you owe it to yourself to be prepared; look into your options and become an informed consumer. [Procuring Cause]
Q: Do you require me to sign a contract?
A: Yes. It is a law in the State of NH that in order for you to hire an agent to represent you, either as a Seller or a Buyer, there be a written contract spelling out the terms under which the agent will work for you. It is required to have a beginning and ending date for the term of the agreement as well as a brief description of what you are looking for, price range and a description of what services will be provided and what will be expected from the Buyer or Seller.
Q: Any other reason I should use an "Exclusive Buyer Agent" (EBA) who works in an "Exclusive Buyer Office" (EBO)?
A: The Oklahoma Supreme Court said this:
"Sellers’ agents and dual agents do not and cannot by law give a buyer the same degree of loyalty as an agent who acts on behalf of the buyer. Sellers’ agents owe their allegiance to the seller. Dual agency invites a conflict of interest. A buyer who relies on the sellers’ agent or on dual agency does not receive the same degree of legal protection as that afforded by an agent acting solely on behalf of the buyer." — Opinion of the Oklahoma Supreme Court, 8/99
Tell us about your New Hampshire real estate needs and we'll get in touch with you to show you how we can help you save money on your next NH home purchase.