买方代表

Follow this order of signing documents so you have written agreements for payment of your fee before the parties sign a contract:

1. 你的买主签了买方代表协议了吗. 如果买方在合同上签字 住宅买家/租户代表协议 (含1501), 你可能想指出，根据第11B段, 如果卖方拒绝或未能向你方支付费用，买方可能有义务向你方付款.

2. 向卖方提供 经纪服务资料 表格(TAR 2501, TREC OP-K)，并讨论此次采购中涉及的代理关系. 你可能想用 代表披露 (TXR 1417) to memorialize in writing that the required representation disclosure has been made to the 卖方.

3. 完成 经纪人和业主之间的注册协议 (TAR 2401) and check the box (Section 4) in the broker’s representation section that indicates you are representing the prospect only. 卖方在这份文件上签字了吗.

4. 给卖家 卖方披露通知 (TAR 1406)填写并签署.

5. 提交买方的报价供卖方考虑并签字.

还记得, 即使你的客户是买家, 你有义务公平诚实地对待卖方. 避免可能被视为迫使卖方将房产出售给你的客户的行为.

The TAR Buyer/Tenant Representation Agreement does contain language that states that the broker will seek to obtain payment of the broker's fees from the 卖方, 房东, 或者他们的代理人, but provides that if 买方 agent does not receive all or any of the specified commission from those sources, then 买方/tenant is obligated to pay that commission (or the difference in the amount specified in the agreement and the amount paid by the 卖方, 房东, 或者他们的代理人). This provision can also establish a legal claim to a fee from a buyer who has purchased a home during the term of the agreement using some other agent to complete the purchase contrary to 买方's agreement to use the broker named in 买方 representation agreement. Brokers should clearly explain 买方's potential fee obligations under this paragraph of the agreement when they first present the representation agreement to 买方 for signing. Clarity of the parties' rights and obligations in the broker/client relationship is one of the main reasons for having a written brokerage agreement.

No. 买方代理协议是买方与经纪人之间的合同，而不是销售人员之间的合同. 这样，你的买主仍将由你以前的经纪人代表. 然而, 你的买家可以要求解除与你之前的经纪人签订的买方代理协议.

No. 经纪人和客户之间的关系可以在没有书面文件的情况下合法存在. 然而, 经纪人-客户关系应该以书面形式存在有四个很好的理由, 不管是和买家, 卖方, 房东, 或租户:

1. A broker cannot sue for a commission unless there is a written agreement signed by the party agreeing to pay that commission.

2. If office policy permits a broker to act as an intermediary (the broker has a broker-client relationship with both the 卖方 and 买方 in the same transaction), 然后，经纪人必须获得双方的书面同意，并且必须说明谁将支付经纪人的费用. The 德州2021十大正规彩票app经纪人® buyer's representation agreements and listing agreements include the necessary written consents and other statutory requirements for a broker to act as an intermediary.

3. Written agreements between a broker and his client help ensure that all parties have mutually agreed on the terms of representation.

4. 《职业道德准则》第9条要求2021十大正规彩票app经纪人®, 为了保护各方, 尽可能确保所有与2021十大正规彩票app交易有关的协议都是书面的.

虽然在您的网站上提供表单是主动的，但Section 1101.558(c) of the Real Estate License Act requires that a licensee furnish the written statement contained in the form to a party to a real estate transaction at the time of the first substantive dialogue with the party. The Real Estate License Act defines "substantive dialogue" to mean a meeting or written communication that involves a substantive discussion relating to specific real property. The term does not include a meeting at an open house or a meeting or written communication that occurs after the parties to a transaction have signed a contract or lease. 在你描述的情况下, the Real Estate License Act would require you to provide the form to the prospective buyer when you first meet him at the listed home. Note: A licensee is not required to provide the written statement (the form) if the proposed transaction is for a residential lease for not more than one year and no sale is being considered, 或者持牌人会见由另一持牌人代表的一方.

假定与上市经纪人就合作和补偿达成协议, 你方可以作为买方的独家代理. 由于你不是上市经纪人的联营人，所以你不能被中介人委任, 根据你所描述的事实, 不会出现中介地位. 当你作为卖方代理人时从卖方处获得的机密信息, 当然, 不能透露给你的新客户吗, 买方.

在列出属性时, the licensee is obligated to advise the owner as to the licensee's opinion of the market value of the property. 一旦预约好了, 指定的助理是允许的, 但不是必需的, 在谈判过程中向受命的当事人提供意见和2021十大正规彩票app.

这取决于. If you have created an agency relationship in which you’re representing 买方—even if you haven’t signed a representation agreement—then you have a fiduciary duty to 买方 and you are not a subagent of the 卖方. 

子代理关系不像以前那么常见了, 但这种情况通常发生在没有代表的买家使用经纪人的服务来查看房产时. That broker then owes a fiduciary duty to the listing broker and the 卖方—not 买方—and 买方 is treated as customer of the broker. 在这种情况下，经纪人获得上市经纪人的许可是很重要的, 并向买家解释他或她的角色，以避免任何混乱.