Information For Buyers
- Arrange for loan pre-qualification, at no cost to you, to identify your price range and discuss types of financing that will fit your needs.
- Show you properties in your price range which meet your specific criteria, until we find the right home for you!
- Handle negotiations between you and the seller, to achieve a “meeting of the minds”.
- Recommend qualified professionals (inspectors, attorneys, lenders, moving companies, etc.) to help you through the transaction.
- Be present during the inspections at the home.
- Monitor and facilitate the completion of all inspections, appraisals, board approval and loan commitments within the time frame specified in the purchase contract.
Before you enter into a discussion with a real estate agent regarding a real estate transaction, you should understand what type of agency relationship you wish to have with that agent.
New York State law requires real estate licensees who are acting as agents of buyers or sellers of property to advise the potential buyers or sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates.
SELLER’S OR LANDLORD’S AGENT
If you are interested in selling or leasing real property, you can engage a real estate agent as a seller’s agent. A seller’s agent, including a listing agent under a listing agreement with the seller, acts solely on behalf of the seller. You can authorize a seller’s or landlord’s agent to do other things including hire subagents, broker’s agents or work with other agents such as buyer’s agents on a cooperative basis. A subagent, is one who has agreed to work with the seller’s agent, often through a multiple listing service. A subagent may work in a different real estate office.
A seller’s agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and a duty to account.
The obligations of a seller’s agent are also subject to any specific provisions set forth in an agreement between the agent and the seller.
In dealings with the buyer, a seller’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.
BUYER’S OR TENANT’S AGENT
If you are interested in buying or leasing real property, you can engage a real estate agent as a buyer’s or tenant’s agent. A buyer’s agent acts solely on behalf of the buyer. You can authorize a buyer’s agent to do other things including hire subagents, broker’s agents or work with other agents such as seller’s agents on a cooperative basis.
A buyer’s agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and a duty to account.
The obligations of a buyer’s agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer.
In dealings with the seller, a buyer’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer’s ability and/or willingness to perform a contract to acquire seller’s property that are not inconsistent with the agent’s fiduciary duties to the buyer.
BROKER’S AGENTS
As part of your negotiations with a real estate agent, you may authorize your agent to engage other agents whether you are a buyer/tenant or seller/landlord. As a general rule, those agents owe fiduciary duties to your agent and to you. You are not vicariously liable for their conduct.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent acting directly or through an associated licensee, can be the agent of both the seller/landlord and the buyer/tenant in a transaction, but only with the knowledge and informed consent, in writing, of both the seller/landlord and the buyer/tenant.
In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer/tenant and seller/landlord.
The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer/tenant and seller/landlord.
An agent acting as a dual agent must explain carefully to both the buyer/tenant and seller/landlord that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer/tenant and seller/landlord are giving up their right to undivided loyalty.
A BUYER/TENANT OR SELLER/LANDLORD SHOULD CAREFULLY CONSIDER THE POSSIBLE CONSEQUENCES OF A DUAL AGENCY RELATIONSHIP BEFORE AGREEING TO SUCH REPRESENTATION.
GENERAL CONSIDERATIONS
You should carefully read all agreements to ensure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal, tax or other advice is desired, consult a competent professional in that field.
Throughout the transaction you may receive more than one disclosure form. The law requires each agent assisting in the transaction to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction.
As the buyer of residential real property, you are entitled by law to receive from the seller a signed property condition disclosure statement as prescribed by Real Property Law §462(2) prior to your signing of a binding contract of sale.
A copy of the Property Condition Disclosure Statement containing the signatures of both the buyer and the seller must be attached to the real estate purchase contract. You are also entitled to receive a revised Property Condition Disclosure Statement as soon as practicable in the event that the seller acquires knowledge which renders materially inaccurate a Property Condition Disclosure Statement previously provided to you. You will not be entitled to receive a revised Property Condition Disclosure Statement after the transfer of title from the seller to you or after you have commenced occupancy of the property.
In the event the seller fails to deliver a Property Condition Disclosure Statement to you prior to your signing a binding contract of sale, you are entitled to receive a credit in the amount of $500.00 against the purchase price of the property upon the transfer of title.
Title insurance is a contract of indemnity between the insured and the insuring company relating to the title to the land described in the Policy. It protects the insured against loss or damage by reason of defects, liens or encumbrances of the insured title existing at the date of the Policy and not expressly excepted from it’s coverage.
The Policy is issued after a complete search and examination of the public records and shows the condition of the record title, including any money obligations outstanding against the property, easements and other matters which may affect the rights of ownership, possession and use of the property.
The policy insures that the “record” title is good subject only to those items expressly set out in the Policy. It also insures against certain matters, which do not appear of record, such as forgery, identity of parties, incompetence of former owners, interests of missing heirs, and status of individuals not having the “right’ to sell the property.
There are different types of title insurance policies. “Fee” (owner’s coverage) policies are issued to purchasers who are about to acquire an interest in real estate. Mortgage policies (lender’s coverage) are issued to mortgage lenders. An owner’s policy protects only the owner while a mortgage policy protects only the holder of the mortgage on the property.
Title insurance is unlike “risk” insurance, such as car insurance or fire insurance, where you pay premiums in monthly, quarterly or annual payments to protect yourself against an event that may occur in the future. The original title insurance premium which is paid at closing, is the only cost for as long as you own your property.