Buyers Representation Contract - Minnesota Approved Form
I recently saw a question on Trulia.com in regards to buying a home and what does the buyer pay for the services of a real estate professional. It was a great question because like most things in real estate, the answer is almost always "It depends."
Attached below is a copy of the exclusive right to represent buyer contract that is approved by the department of commerce and the Minnesota Association of REALTORs.
Note that this is the standard version of the Minnesota buyers representation contract and each brokerage will more than likely tweak it to suit their specific needs. The reason for the "It depends" answer deals with lines 23-51 of this contract, how they have been changed by each individual brokerage, and if the seller (or seller's brokerage) is offering compensation.
For example, if a buyer signs this contract and then purchases a home from a for sale by owner seller who is not willing to pay any commissions, they would legally be liable for the amount listed on line 33. Most agents will be able to negotiate something with the seller in that situation to get compensated, but not always.
Other things of note, make sure that as a buyer you understand line 44 and the difference between the two choices. One of them could make you liable to pay your agent above and beyond what the seller was willing to pay to a buyers agent.
Lastly, compare this against each offices specific buyers representation contract. There will likely be changes that might include Broker Administrative Commissions (generally a flat fee to Brokerage) and various other things. Like you have been told 1000 times, read and understand what you are signing. Make sure that the agent you hire is knowledgeable about not only the market, but the forms that they are making you sign. Also, make extra certain that you feel comfortable they are working in your best interests. Hiring the right agent is a great part of your home buying decision that is often overlooked.
If you have any additional questions regarding buyers representation or compensation in real estate transactions, feel free to give me a call at (320) 492-2667 or e-mail me at jason@stcloudedina.com.
Jason Tangen - Real Estate Broker Associate with Edina Realty in St Cloud, MN
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