Frequently Asked Questions from Homebuyers

Q. "Do I have to sign a contract with you?"

A. "We can begin with a trial agreement lasting just 1 day. When we enter into this agreement with each other (much like the agreement entered into by the seller with their listing agent), you become our client, making us legally obligated to perform specific duties. They are: Loyalty, Disclosure, Confidentiality, Obedience, Care and Diligence, and Accounting of Funds. We also have the duty to disclose all material information obtained from the seller’s agent, or from the seller, or from any other source. These duties are absolute, taking priority over all else when you become our client. You're not just a customer to us."

Q. "How are you different from other agents?"

A. "When we look at houses together with our buyer-clients, we look at them with a critical eye. We point out reasons for NOT buying a house, and we also point out maintenance issues, as well as possible safety concerns. We can do this because it isn't our listing; we have no listings, and no allegiance with sellers. Our allegiance is with our client, the buyer. And most traditional agents only use the standard contracts, but we'll also use many other clauses (in our Purchaser's Addendum to Contract) to further protect you during your purchase."

Q. "How do you save me more money than other agents?"

A. "EBA's have a legal duty to negotiate the lowest price and the best terms for every client, no matter how much you're spending for a home.   By researching recent sales of similar homes, we'll point out whether a home is overpriced, underpriced, or priced fairly. Unlike other agents, a true EBA will always negotiate ONLY for you, the buyer, never the seller. EBA's can guarantee to always represent the buyer exclusively, because true EBA's are never Dual agents or Split agents. Get FULL representation, with YOUR interests protected, and your finances kept CONFIDENTIAL ... only with a genuine EBA."

Q. "Do you follow a Code of Ethics and a Standards of Practice?"

A. NAEBA (National Association of Exclusive Buyer Agents) Code of Ethics: Preamble

NAEBA members recognize that exclusive buyer agency must be founded upon strict adherence to the legal principles of agency with ethical standards that may surpass minimum legal standards. An agency relationship therefore requires that we serve our Clients by providing five (5) measurable commitments of our ethical principles as described below. Through our commitment to those principles, our integrity, and our professionalism we serve our clients, our community, and our country. NAEBA therefore sets forth the following Code of Ethics:

Article 1: Fiduciary Responsibility

A buyer's agent owes his principal a duty to act in a manner that is trustworthy and which inspires confidence that the agent will always act in the principal's best interest.

1.01 An exclusive buyer's agent shall represent the best interest of the client and only the client while serving in the capacity of agent for the client in any matter related to the purchase of any real estate.

1.02 An exclusive buyer's agent shall not represent any client where a conflict of interest exists.

1.03 An exclusive buyer's agent shall not knowingly direct a client to any service which is less than what is in the best interest of the client.

Article 2: Duty of Accounting

An exclusive buyer's agent shall provide a true account of money and/or any other property entrusted to them, received by them, or paid out on behalf of the principal whenever requested.

2.01 An exclusive buyer's agent shall be employed by a client as evidenced by a written agreement which specifically states the services to be provided, the service fee structure, the method of payment for services, and the beginning and ending date of the agreement.

2.02 An exclusive buyer's agent shall not accept any compensation or gift resulting from expenditures made by or for their client not specified in the representation agreement.

2.03 An exclusive buyer's agent shall account to his principal by disclosing any referral income that might be received through referring that client to a listing agent.

Article 3: Duty of "Care" or Competence

An exclusive buyer's agent shall act on behalf of a client with diligence, professionalism, and reasonable technical knowledge.

3.01 An exclusive buyer's agent shall hold a valid real estate license issued by the appropriate state governing agency.

3.02 An exclusive buyer's agent shall be accountable for his/her actions and should therefore document all substantive events which occur during the agency relationship.

3.03 An exclusive buyer's agent shall assist in negotiating price and terms as directed by the principal.

3.04 An exclusive buyer's agent shall be responsible for researching a targeted property and its surroundings whenever possible to discover all material information.

3.05 An exclusive buyer's agent shall disclose to other agents or unlicensed individuals upon first contact that he/she is acting as the buyer's agent.

3.06 An exclusive buyer's agent shall not undertake specialized services for which they are not qualified.

Article 4: Duty of Loyalty

An exclusive buyer's agent shall remain loyal to their principal throughout any real estate purchase and will not reduce the level of that loyalty through "informed consent".

4.01 An exclusive buyer's agent shall be loyal, never doing anything which might jeopardize the client's bargaining position or other interest.

4.02 An exclusive buyer's agent shall keep all sensitive information concerning his/her client confidential unless authorized by client or required by law.

4.03 An exclusive buyer's agent must relate everything material he/she knows about the seller to the client.

Article 5: Duty of Obedience

NAEBA members acknowledge and accept the agency responsibility to obey all reasonable, lawful instructions of their principal in regard to the manner of performing the real estate services contracted. While agreeing to follow the principal's instructions, it is also the member's responsibility to counsel and advise their principal where the principal's action may be unwise based upon the member's real estate experience and professional judgment.

5.01 An exclusive buyer's agent shall obey all lawful instructions of the client.

5.02 An exclusive buyer's agent shall obey all State laws and regulations in the jurisdictions in which they do business.

NAEBA (National Association of Exclusive Buyer Agents) Standards of Practice

NAEBA members adhere to the highest legal and ethical standards of practice.

To learn what you can expect from a NAEBA member when he or she represents you in your real estate transaction, please read the following.

STANDARDS OF PRACTICE: PREAMBLE

The National Association of Exclusive Buyer Agents is an independent alliance of real estate professionals who provide client-level services and whose real estate companies do not accept seller-property listings. We, the members of this Association, set forth the following principles as the minimum professional standards which will guide us in serving our Buyer-Clients. An Exclusive Buyer Agency relationship requires that we operate according to these fundamental commitments. The essence of Exclusive Buyer Agency practice is undivided loyalty to our Buyer-Clients. We recognize that it is our duty as real estate professionals to serve our clients with fidelity to these Standards of Practice. We also pledge to adhere to the Code of Ethics established by this Association.

A. SERVICES PROVIDED IN THE INITIAL COUNSELING INTERVIEW PHASE

Standard A(1): A Buyer Agent will disclose that he/she is a Buyer Agent and define his/her agency relationship to a prospective Buyer-Client. A Buyer Agent will explain how different agency relationships may affect the level and type of service a Buyer-Client may receive from a real estate agent.

Standard A(2): Before entering into an agreement with a Buyer-Client, a Buyer Agent will determine if any conflict of interest may exist on his/her own part or that of a Buyer-Client. If a conflict should occur, a Buyer Agent should be precluded from representing a Buyer-Client, who should have the option of seeking representation elsewhere.

Standard A(3): A Buyer Agent will provide a copy of these professional Standards and answer any questions a Buyer-Client may have about them.

Standard A(4): A Buyer Agent will enter into a written Agency Agreement with his/her Buyer-Client. The agreement will include beginning and ending dates, the service fee structure and payment method, and the responsibilities of both parties.

Standard A(5): A Buyer Agent will make him/herself available to his/her Buyer-Client in a timely manner.

Standard A(6): A Buyer Agent will pledge absolute confidentiality to a Buyer-Client when representing him/her, thereby protecting that Buyer-Client's ability to negotiate all aspects of the transaction.

Standard A(7): A Buyer Agent will counsel a Buyer-Client regarding his/her financial qualifications and will assist that Buyer-Client in seeking and working with mortgage lenders. A Buyer Agent will not steer his/her Buyer-Client to any one lender but instead will assist him/her in evaluating interest rates and closing costs.

B. SERVICES PROVIDED IN THE GENERAL PROPERTY SEARCH PHASE

Standard B(1): A Buyer Agent will discuss objectives and preferences in property styles, age, floor plans, and so forth with a Buyer-Client, then develop from this information a target property profile for him/her.

Standard B(2): Based upon the target property profile, a Buyer Agent and his/her Buyer-Client will determine the appropriate level of property preview services to be provided.

Standard B(3): With a Buyer-Client's target property profile in mind, a Buyer Agent will search the real estate market, including properties for sale by owners and builders, to locate properties to show that Buyer-Client.

C. SERVICES PROVIDED IN THE PROPERTY SELECTION/CONTRACT OFFER PHASE

Standard C(1): A Buyer Agent will discuss and evaluate the properties viewed with his/her Buyer-Client, comparing each property shown with the target property profile.

Standard C(2): Before preparing an offer to purchase, a Buyer Agent will inform a Buyer-Client about any defects or problems he/she has observed or in any way discovered regarding the target property.

Standard C(3): Before preparing a contract offer on behalf of his/her Buyer-Client, a Buyer Agent will prepare a comparative market analysis, including explanations and documentation, to determine the target property's market value. A Buyer Agent will not prepare an offer to purchase a property he/she has not seen.

Standard C(4): Before a Buyer-Client signs an offer to purchase, a Buyer Agent will provide that Buyer-Client with an estimate of closing costs and, whenever possible, with the truth-in-lending estimate provided by the mortgage company.

Standard C(5): A Buyer Agent will counsel his/her Buyer-Client and explain the choices available in completing a real estate contract. This real estate counseling is based upon a Buyer Agent's experience in negotiation and real estate business decisions and is not legal advice. Legal matters should be identified and a Buyer-Client advised to seek legal counsel where appropriate.

Standard C(6): Whenever possible, a Buyer Agent will prepare the contract offer on a form which has been designed to protect a Buyer-Client's interest. A Buyer Agent will provide proper disclosures regarding agency representation and other matters as required by law.

Standard C(7): A Buyer Agent will develop contract negotiation strategies with his/her Buyer-Client, establishing pre-set limits on key points of negotiation when that Buyer-Client wishes to do so. A Buyer Agent will actively negotiate only on behalf of his/her Buyer-Client.

Standard C(8): Before submitting a contract offer to a Seller, a Buyer Agent will counsel his/her Buyer-Client regarding the time requirements specified in the contract and will encourage that Buyer-Client to have professional inspectors inspect the property if the contract is accepted.

D. SERVICES PROVIDED IN THE ESCROW-TO-CLOSING PHASE

Standard D(1): A Buyer Agent will counsel a Buyer-Client regarding the types of home inspectors, the suggested criteria for selecting home inspectors, and the comparative costs of inspection services. A Buyer-Client will select real estate inspectors. A Buyer Agent will encourage his/her Buyer-Client to be present during inspections.

Standard D(2): A Buyer Agent will notify a Seller or a Seller's Agent in writing of inspectors' findings and of corrections/repairs mandated by a Buyer-Client. A Buyer Agent will specify a Buyer-Client's desire to proceed or cancel the purchase contract whenever such notification is required.

Standard D(3): A Buyer Agent will maintain contact with a Buyer-Client's title company and mortgage company to make sure that his/her Buyer-Client's interests are being protected.

Standard D(4): A Buyer Agent will review a settlement statement with his/her Buyer-Client at or before closing, if possible.

Standard D(5): A Buyer Agent will accompany a Buyer-Client on a property walk-through before closing.

Standard D(6): A Buyer Agent will attend a closing with a Buyer-Client. A Buyer Agent should be prepared to support his/her Buyer-Client's position at closing.

Standard D(7): A Buyer Agent will keep records of transactions for a reasonable period of time and will provide this information to a Buyer-Client on request.

These Standards of Practice establish obligations that include all those consistent with the "Common Law of Agency" and are considered to be client-level, not customer-level, services. These obligations are, in many instances, higher than those mandated by law. If there is any case where the law requires a greater obligation than these Standards of Practice, then the requirements of the law must be followed. It is the duty of each individual Exclusive Buyer Agent to make himself or herself aware of the laws which may affect him or her.