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To: bobby is sleepless in seattle who wrote (77990)	5/22/2007 11:47:58 AM
From: Tradelite	Respond to of 306849

That concept doesn't apply in Virginia, where an agent is usually hired, or let's just say "engaged", by a buyer under one of several different types of written agency arrangements--dual agency, designated representative, buyer agency. We also have terms in Virginia to describe the obligations and role the agent is to play, such as "facilitator" in which the agent simply works with the buyer to help him through the various steps of the transaction--such as when the agent has a listing the buyer wants, and it is fully disclosed that the agent works for the seller during the whole transaction. No buyer could justifiably get too mad or take legal action against me for not showing a FSBO house where the seller won't pay a commission....UNLESS that buyer has signed a buyer-agency agreement that specifies payment to me of a commission himself if the seller hasn't agreed to pay it. That signed agreement is important. Without it, the buyer has no leg to stand on if I refuse to approach a FSBO and try to get him to let me into his house. (This is not to say I might not try in some cases to do that--just that I can't get in trouble for not doing it.) Because I'm not working for the FSBO, and the buyer has decided he doesn't want me to work exclusively for his best interests, either, I'm working for myself with the inventory of homes that are readily available to sell and I'm--by default--working for any seller whose home I eventually show. I doubt many agents around here work without a signed buyer-agency agreement. Life is tough enough without that piece of paper. Hard to negotiate very well for either party when you don't have in writing exactly what the parties expect you to do.

To: bobby is sleepless in seattle who wrote (77990)	5/22/2007 3:44:27 PM
From: Metacomet	Read Replies (2) \| Respond to of 306849

but one does, again, if he/she is materially aware of it and knows it could potentially meet the needs of the client... Sure. If you are retained as a buyers agent, that would be part of your fiduciary. Of course the buyer is obliged to compensate you in such an agency. If you are operating strictly as a listing agent, you have no obligation to show other than your sellers property. Part of why agents and brokers need to be very careful of dual agency and the nature of the subagency delegations in MLS.