Massachusetts Home Buyer Guide

An exclusive buyer agent is a real estate agent who represents only buyers' interests in real estate transactions. 

Unlike a traditional real estate agent, an exclusive buyer agent in real estate will never represent the buyer and the seller in a transaction. An exclusive buyer agent works solely on behalf of the homebuyer. Only agents that work for real estate brokerages that do not represent sellers can call themselves exclusive buyer agents. 

An exclusive buyer agent's loyalty is to the buyer, and the buyer's interests are the agent's only priority. Exclusive buyer agents often have specialized training and experience in looking out for homebuyers and can help buyers navigate the complex process of purchasing a home. Most exclusive buyer agents are members of the nonprofit National Association of Exclusive Buyer Agents.  

Do I Need an Exclusive Buyer Agent to Buy a Home?

Using an exclusive buyer agent when purchasing a home is not required, but doing so can provide several benefits.

Because an exclusive buyer agent solely focuses on representing the homebuyer's interests, they can provide valuable expertise and guidance throughout the home-buying process. They can help you find the right property, negotiate the best price and terms, and ensure your interests are protected throughout the transaction. They can also make recommendations to other professionals, such as loan officers, home inspectors, real estate lawyers, insurance agents, contractors, and others.

Using an exclusive buyer agent can also give you peace of mind knowing that your agent works exclusively for you rather than trying to represent both the homebuyer and the seller. Working with an exclusive buyer agent eliminates an obvious conflict of interest common in traditional real estate brokerages. Ultimately, deciding to use an exclusive buyer agent is up to you. Still, many buyers find that the benefits of doing so are well worth it, and a real estate buyer agent does not have to cost the homebuyer any more money. 

What are the Pitfalls of Dual Agency When Buying a Home?

One potential pitfall of dual agency in a real estate transaction is that the dual agent cannot guarantee 100 percent loyalty to the homebuyer. Because dual agents represent both the buyer and the seller, they cannot provide equal advocacy for the seller's and buyer's interests. One could argue that homebuyers and sellers do not receive any advocacy in a dual-agent situation.

In some cases, a dual agent may be torn between the interests of the buyer and the seller, and dual representation might create conflicts of interest that may not be in the homebuyer's best interest. After all, the listing agent will not get paid if the homebuyer does not buy a particular home. Additionally, some buyers may not feel comfortable working with an agent who is representing both parties in the transaction, as they may feel that their interests are not being thoroughly looked after. 

Overall, the potential pitfalls of a dual agent include a lack of specialized expertise, conflicts of interest, and insufficient trust between the homebuyer and the agent.

Exclusive Buyer Agent v. Exclusive Buyer Agency Contract.

An exclusive buyer agent and an exclusive buyer agency agreement are similar but not precisely the same.

An exclusive buyer agent is a real estate agent who represents only buyers in real estate transactions and works for a real estate brokerage that only works for homebuyers. They work solely on behalf of the buyer, and their loyalty is to the buyer.

In contrast, an exclusive buyer real estate agreement is a contract that specifies that the real estate agent will represent only the interests of the buyer in the transaction. This agreement typically outlines the terms of the agent's representation, including the services they will provide and any fees they might charge.

Not all exclusive buyer agents will require homebuyers to sign a contract; however, the Massachusetts Mandatory Licensee Disclosure form requires agents to disclose whether they are exclusively representing the homebuyer. New Hampshire and Rhode Island also have agency disclosure forms. Prospective homebuyers should carefully review agency disclosures.  

Every contract looks different, and it's a requirement to have a written agreement in some states, such as New Hampshire. It's also sometimes called a buyer's representation contract or buyer-broker contract, or agreement.

While an exclusive buyer agent and an exclusive buyer real estate agreement are related, they are different. An exclusive buyer agent is a person who provides representation to the buyer, while an exclusive buyer real estate agreement is the contract that outlines the terms of that representation. Homebuyers should understand all the terms of any exclusive buyer agency agreement they sign. 

Homebuyers have options when choosing who helps them navigate the home-buying process. You should choose wisely.