Agency 101 - A Basic Course on Agents and Representation
Note: The terms "agent" and "broker" will be used interchangeably in this discussion. Officially, a group of agents will have their licenses placed with a broker who is charged with the full-time responsibility of supervising their real estate activities. Only brokers may receive and disburse commissions.
All Missouri brokers should distribute a broker's disclosure form which explains the agency relationships in some detail as well as indicating which forms of agency they practice. Those forms should be given to you by any broker you have substantial contact with.
Let's focus on agency as it relates to a contract offer.
The current residential sales contract used locally has six possible agency designations for the licensed agent working with the buyer:
- Buyer's Agent: acting on behalf of the Buyer.
- Good news: The agent is working on your behalf and owes you certain fiduciary responsibilities
- Bad news: You have to sign a contract that binds you exclusively to that broker.
- Bad news: That binding contract may be difficult and costly to break.
- Seller's Agent: acting on behalf of the Seller.
- Bad news: The agent is not working for you and owes you only honesty and disclosure of pertinent facts.
- Bad news: The agent receives a commission which removes the opportunity of your benefitting from no commission.
- Dual Agent: acting on behalf of both the Buyer and the Seller.
- Bad news: The agent is earning two commissions and is trying to serve two masters at once.
- Designated Agent: acting on behalf of the Buyer.
- Good news: It is just like Buyer's Agency in that someone is working for you; and;
- Bad news: The binding contract issues remain the same, but also;
- Bad news: The Broker has assigned some agent, maybe not the one you wanted, to represent you.
- Transaction Broker: not acting on behalf of either the Buyer or the Seller.
- Good news: This is the preferred form of brokerage for FSBOs.
- Good news: When FSBO Showcase's brokerage offers this, we reduce commissions from (roughly) 3% to as low as 0.5%.
- Subagent of Seller: acting on behalf of the Seller.
- Good news: Unless the Seller is completely foolish, this should never happen with a FSBO.
As the Buyer, you will ultimately determine how and when a contract offer will be made.
If you want to avoid some problems surrounding the contract offer, please read our short lesson on "Making Yourself the Best Buyer for the Home You Want to Buy." For your convenience here's a shortcut.
If you want to avoid some problems surrounding the contract offer, please read our short lesson on "Making Yourself the Best Buyer for the Home You Want to Buy." For your convenience here's a shortcut.
Buyers Only Real Estate — (314) 414-ASAP (2727)
Countdown Realty — 1-800-321-SOLD (7653)






