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Buyer Representation

Buyer Agent vs Transaction Broker

A buyer agent owes full fiduciary duties to the buyer, while a transaction broker facilitates the transaction without representing either party and owes limited duties to both.

Understanding Buyer Agent vs Transaction Broker

The key distinction is the level of advocacy. A buyer's agent must advocate for the buyer's best interests, negotiate aggressively, and disclose all material information. A transaction broker is neutral, cannot advocate for either side, and must treat both parties honestly and fairly.

Real-World Example

In a buyer agency relationship, the agent tells the buyer that the seller seems motivated and might accept a lower offer. A transaction broker could NOT share this information because it would disadvantage the seller.

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Exam Tips

Exam questions test the duties owed: buyer agent = full fiduciary (OLD CAR); transaction broker = limited duties (honesty, fairness, accounting, disclosure of material facts). Transaction brokers do NOT owe loyalty or obedience.

Related Terms

Fiduciary DutyTransaction BrokerageAgencyDual Agency

Related Concepts

The fiduciary obligations a buyer's agent owes to their client, including loyalty, obedience, disclosure, confidentiality, accounting, and reasonable care.

A form that explains to the buyer the types of agency relationships available and the duties associated with each, required to be provided before substantive discussions begin.

The practice of a listing broker sharing commission with a buyer's broker, historically offered through the MLS but now prohibited from MLS display under the 2024 NAR settlement.

An initial meeting between a buyer and agent to discuss the buyer's needs, explain agency relationships, review representation agreements, and establish expectations for the home-buying process.

The duty of a buyer's agent to act solely in the buyer's best interest, avoiding any conflicts of interest and putting the buyer's needs above the agent's own financial interests.

Frequently Asked Questions

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