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Real Estate Matters

By Terry Farrell

When is the "RIGHT TIME" to sell or buy?

The best time to sell is when there are fewer properties to sell than there are buyers to buy and when financing is readily available at relatively low interest rates. This time frame is known as a sellers market. The best time to buy is when there are more properties on the market to buy than there are buyers to buy them and when financing is readily available at relatively low interest rates. This time frame is known as a buyers market.

Interest rates are relatively low and financing is readily available. The supply of products(houses) is good depending on your price range and we're in an election year which generally means that the party in power generally strives to maintain the status quo. Now is an excellent time to buy or sell. Your decision to enter the marketplace as a buyer or a seller should be made based on your motivation to move and not on trying to time the marketplace.

As of January 1, 1996 Kansas state law requires that you receive and sign a Disclosure of Alternative Agency Relationships. This disclosure lists the choices available to you in establishing an agency relationships. If you are both a seller and a buyer you will most likely enter into two different agency relationships. The same agent may represent you as a seller and a buyer. The following descriptions of your choices will help you decide what kind of agency relationship is best for your situation.

SELLER AGENT. A Seller's Agent has the duties of loyalty, obedience, disclosure, confidentiality, reasonable care, diligence and accounting and a duty to represent the seller's interest in the sale of the property. This generally means a duty to market the property to find a buyer willing to pay the highest price on the most advantageous terms as quickly as possible. A Seller's Agent also has the duty to disclose all material information acquired from the buyer or any other source.

SUB-AGENT. Seller's may authorize their agent to offer sub-agency to other firms. A sub-agent(agent to agent) also represents the seller's interests. Sellers have the same liability for the acts of a sub-agent as they do for the agent they hire.

BUYER'S AGENT. A Buyer's Agent has the duties of loyalty, obedience, disclosure, confidentiality, reasonable care, diligence and accounting and a duty to use expertise to help the buyer find a suitable property and to acquire it at the most advantageous price and on terms suitable to the buyer. A Buyer's Agent also has the duty to disclose to the buyer any material information acquired from the seller or from any other source.

DISCLOSED DUAL AGENT. A real estate agent may represent more than one party only with the informed consent of all the parties to the transaction. Disclosed dual agency is most likely to occur when a buyer represented by a Buyer's Agent wants to purchase a property listed by that agent's firm. The buyer and the seller must sign a dual agency consent agreement, which fully describes the duties and obligations of the disclosed dual agent. A disclosed dual agent may not disclose any confidential information that would place one party at an advantage over the other party and may not disclose any of the following information without the informed consent of the party to whom the information pertains: The buyer is willing to pay more than the price offered, that the seller is willing to accept less than the asking price, motivating factors of either party for buying or selling or that a party will agree to financing terms other than those offered.

DESIGNATED AGENT. An alternative to disclosed dual agency is a designated agent that represents the buyer. The designated agent may show properties listed by other agents in that agent's firm to the buyer. The other agents represent the seller. The designated agent performs all the duties of a Buyer's Agent, while the other agents within the firm perform the duties of the Seller's Agent. the designated agent CANNOT continue to represent the buyer exclusively IF: (1) the buyer wants to see a property which is listed personally by the designated agent: or (2) the designated agent's broker becomes directly involved in the transaction. Either situation would trigger a disclosed dual agency but ONLY with the written consent of both parties.

Please keep in mind that the disclosure presentation form MUST be presented to you when any substantive discussion occurs and MUST be signed by you as a seller and or buyer by law but it is not a contract. If you choose to have an agent represent you, a written agency agreement(contract) MUST be signed.

RE/MAX Best Associates authorizes its agents to act in any or all capacities listed. I am both a Certified Residential Specialist and a Certified Buyer's Representative and would welcome the opportunity to serve you in any capacity.

Whether you’re thinking about buying or selling or merely seeking information, rely on me to provide accurate up to date information about the marketplace today.

Send me an e-mail message and ask to be added to my Real Estate Matters e-mail mailing list. Every two weeks, you'll receive a copy of my most recent issue automatically in your e-mail.

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