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Rosalind, Other/Just Looking in Saint Clair Shores, MI

Would it be better to use the selling agent to buy property in another state or use a buying agent?

Asked by Rosalind, Saint Clair Shores, MI Sun Nov 11, 2007

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Ruth (another frequent Trulia participant) was confused by my answer.

No, I am not suggesting that you should buy the house through the listing agent of a specific house - that creates a 'dual agency' situation, usually something not advised to do because there could be conflict of interest while they represent both buyers and sellers on the SAME house. .

You should find an agent who will solely represent your best interest in finding and purchasing the right house.

Sylvia
1 vote Thank Flag Link Mon Nov 12, 2007
Sylvia Barry,…, Real Estate Pro in Novato, CA
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I would recommend having your own agent to represent you. The listing agent is working for the seller and since the seller is pays the commission and your agent would be compensated and you would have equal representation. Be sure that you have an agent that you feel comfortable with to walk you through the process. Good luck.
1 vote Thank Flag Link Sun Nov 11, 2007
Pam Winterba…, Real Estate Pro in San Ramon, CA
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Rosalind:

It's kind of like asking for directions and saying,
"So then I turn left?"
"Right"
"Do you mean I turn right or that I am correct?"

Although there is a difference here with ing vs er's, for people who make typos or don't listen well, or different states having different customs, its all so confusing.

Thanks for clarifying Sylvia.

Who's on first, What's on second, I Don't Know's on third

Costello: All I'm tryin' to find out is what's the guy's name on first base.

Abbott: Oh, no - wait a minute, don't switch 'em around. What is on second base.

Costello: I'm not askin' you who's on second.

Abbott: Who is on first.

Costello: I don't know.

Abbott: He's on third - now we're not talkin' 'bout him.

Isn't real estate just a bunch of laughs?!
Ruth
0 votes Thank Flag Link Mon Nov 12, 2007
Ruthless, Other/Just Looking in 60558
MVP'08
My apology, I usually clarify where I am from. I am in CA; so my answer is geared towards CA clients.

We do use different terms for different states.

Sounds like it's time for Rosalind to clarify which states she plans to buy the house, then we (or sombody else) can answer her question correctly. - from Roselind's profile, she;s looking in Michigan, but could it also be some other states?

Sylvia
0 votes Thank Flag Link Mon Nov 12, 2007
Sylvia Barry,…, Real Estate Pro in Novato, CA
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Sylvia wrote:

A 'selling' agent represents buyers, so you can say that's the same as buying agent.
~~~~~~~~~~~~~~
Not always. In NY the selling agent can be the buyer's agent or a subagent of the seller or the broker's agent.
0 votes Thank Flag Link Mon Nov 12, 2007
Hi Rosalind:

IWhether you are purchasing in-state or out-of-state, you should use a selling (same as buyer) agent to rerpsent you to find the best house for your requirement; whether it's for your primary residence, vacation homes or just for investment properties. The selling agent should be able to provide you with all the houses that fit your criteria, help you to find the one to buy.

Sometimes the terms can be confusing.

A 'selling' agent represents buyers, so you can say that's the same as buying agent.

The agent that listed the seller's house for sale is actaully called a 'listing' agent. The listing agent only rerpesents the few houses that they have listed for sale.

However, they also help others to find right house to buy, in those casese, they are the selling agent for those clients not listing agent.

Maybe that's where the confusion comes from.

Please let me know if you have further question.

Best,
Sylvia
0 votes Thank Flag Link Mon Nov 12, 2007
Sylvia Barry,…, Real Estate Pro in Novato, CA
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Use an agent that get's the best deals. A selling agent is typically one who has people calling him to get rid of properties. That usually means they have 1st access to some good investments.
0 votes Thank Flag Link Mon Nov 12, 2007
Rosalind:
Do you have an agent for selling your home where you currently live or will you be a first time home buyer in this new state? (I think Patti misinterpreted your situation.) If you are a first time home buyer it will probably be easier to understand "agency" or who represents who because you won't be AS confused about how things have changed over the years and how different states have very different customs when it comes to dual agency. This is a very confusing subject.

To answer your question, as previously stated, you want to use a buyer's agent. If you have someone representing JUST YOU from the beginning and let the hostess at open houses know this upfront, then you don't need to learn about the confusing issues for *Agency* or *Procuring Cause*. You would let your agent talk to any of the agents that have homes listed that you are interested in. If you are interested in a home that your Buyer's Agent has listed, it is often best to have your agent refer you to someone else for that particular home.

You might want to look through other Michigan questions or perhaps post a new question and specify your location instead of having this question fall under all locations. Several agents have signed up to get email notifications when someone asks a question in their area. These agents don't necessarily read other questions. If you do post a new question, you might want to ask, "What is *Agency* or *Representation* in Michigan. Is *Dual Agency* used? What do these terms mean?"

Good luck,
Ruth
0 votes Thank Flag Link Mon Nov 12, 2007
Ruthless, Other/Just Looking in 60558
MVP'08
At a minimum you should have 1 person represent you. That means getting another agent involved...
0 votes Thank Flag Link Mon Nov 12, 2007
If you want your best interest looked out for than use a buyer agent.

I understand your question to read as you are looking to buy real estate in another state and your not sure whether or not to use the listing agent or your own agent.

Be very clear that a listing agent protects, advocates, etc.... for the seller and buyer agent gives all loyalty to the buyer. In a case of 'dual agency' (agent represents both parties) which doesn't exist in most states, transaction brokerage is formed if the original agency between seller and lister allows for it. Not necessarily a bad thing but the TB agent (originally lister) isn't going to tell you "You're paying too much" or "Home values have been depreciating in this area for over a year".

I know as a licensed broker when I go out of my area I use my own agent. Why? Because, there is far too much to know and be concerned about that I can't possibly be an expert on since I don't live in the area.

Susan Walker
0 votes Thank Flag Link Mon Nov 12, 2007
Pam is right - a buyers agent should represent you. Even though we have fuduciary responsibilities when we represent both sides, and even though most agwents do it, it is best to have your own agent that is looking out only for your best interest. Good luck - it;s a great time to buy!
Web Reference: http://www.cindihagley.com
0 votes Thank Flag Link Sun Nov 11, 2007
Cindi Hagley…, Real Estate Pro in San Ramon, CA
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Hi Rosalind,

I assume by 'selling agent' you mean the listing agent who is currently selling your home?

While it is perfectly fine under normal circumstances to use your listing agent to also aide you in the purchase of a property, in this case, your agent will not be able to help you purchase property in another state unless she is also licensed in that particular state.

Your current agent may be able to provide a trusted referral for a buyer's agent in another state, though.
0 votes Thank Flag Link Sun Nov 11, 2007
Patti Pereyra, Real Estate Pro in Chicago, IL
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