Using the builders agent, is this in your best interest?


The decision has been made, you are not only going to buy a new home, you have decided to build. In every model you went through, there was an agent there and you found one that you really like. Being the expert in real estate you are, you decide that you will use the builders agent. Along with convenience, many people think they will get the agent to cut commission because they are working both sides of the transaction, their interests will be protected and the service will be of the utmost quality.

Are you really sure you know what you are doing? What most people don’t realized is the agent that represents the builder has a contract with that builder and their FIRST duty of responsibility in the transaction will be to the builder. The builders agent still has a fiduciary responsibility to protect the buyers interests and has to be careful what they tell the builder about the potential buyer, but any pertinent facts the buyer tells the agent, that agent may tell the builder, such as qualification of dollar amount, time frames, and any other information that may lead the builder to think twice about working with a particular buyer. For instance, if there are two parties talking with the builders agent and they are both thinking about building on a particular piece of land and both parties have informed the builders agent what they plan to offer, the builders agent may tell the builder the prices or information they know. This could work against the buyer in obtaining the piece of land they would like to build on.

Some buyers think that if they work with the builders agent, they will get a reduced commission or the dollars will be applied as a credit to the build. This could not be more incorrect. The agent working for the builder has already signed a right to represent contract with that builder that will protect the commission on the sell side. What people don’t realize is that the property is listed on the MLS with a pre negotiated pay out for the buyer agents side of the sale. The agent may cut some of this pre-negotiated commission, but many will not completely cut their pay they are to receive for the buyers side. The builder, by law, can not issue the buyer a kick back of any sort as it is against the law. The only persons in the transaction that can receive payment from the purchase is persons that are licensed by the state with an active license and all dollars or funds MUST be disclosed on the HUD at closing.

So when you are thinking about building, make sure your interests are protected as strongly as the builder you are working with and have your own representation. Your agent, once working under a buyers representation contract signed by both you and the agent, is required to work for your best interests. This representation should start from the moment you start to consider working with a builder, to the platting of the home on the land, the selections, the periodic walk through you will want to do, negotiations, closing and all in all making sure that you get the home you truly want, not the one you have to settle for.

Your Minnesota Real Estate agent providing quality service whether buying, selling or relocating. Experienced in short sale & foreclosures. Learn more at http://www.VickieGylling.com.

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