Susan Laxson CRS, The Michelle Thomas Team (Premier Sotheby's International Realty)

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Rainmaker
1,723,105
Lyn Sims
Schaumburg, IL
Schaumburg Real Estate Agent Retired

No not in 1986 in my area. I would say they are tops 10 years old. We have been thru a few different versions & have finally settled on one from our local board.

We all worked for the seller back then too.

Jun 11, 2016 01:26 AM
Ambassador
2,570,942
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Long answer:

       Early 1990's, when Buyer Brokerage came into vogue for residential sales.

       I use them, however, the Buyer is not "bound" to me for 6 months or 12 months like a typical Listing Agreement.  If they want to go, or if I want to drop them, our relationship ends.*

     I may or may not get an upfront fee, but I cannot discuss that amount or terms with other Brokers or their agents, per Federal Anti-Trust laws.

     *What I do have is a signed guarantee that any house that I show that Buyer, or any property that I bring to their attention, they will owe me a commission.  This way, if they go back to a house I showed them, go around me, and write an offer with the listing agent, I have a contractual guarantee to get paid. I could take that Buyer to court if necessary (hasn't happened yet).  I will get paid for what I have shown.

     They know that 99% of the time, the commission is already in the MLS, and will come from the Seller at Closing.  But if it is below a certain percentage, or if it's a FSBO with no commission offered, they the Buyer will need to pay me at Closing.

Jun 11, 2016 02:11 AM
Rainmaker
1,153,825
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

In this area it is like never. No buyer will sign it.  We try to figure out what we can do and spend just enough time.  We have 65,000 active agents in this county. The buyers ask why you why not go direct to listing agent? 

Jun 11, 2016 01:35 AM
Rainmaker
468,799
Dan Pittsenbarger
Keller Williams Western Realty - Bellingham, WA
Improving Conditions

In WA State I "think" it was 1996 or so when Agency and buyer representation came into existence. Prior to that things were kind of interesting in that all agents represented the seller, even when you writing an offer for a buyer (based on  who was paying the commish). Of course who is really paying the commish is very debatable - it's amazing to me that it took up until the 90's to get "fixed". I personally don't use the buyer agency agreements.

Jun 11, 2016 01:31 AM
Rainmaker
2,641,802
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

The thing is a cleint can drop you and go find another home and how would you know?

Jun 11, 2016 04:26 AM
Ambassador
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Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I use them 99% of the time. The exception is when I have the listing and the buyer fully understands I will not represent him and wants to proceed without getting his own agent. 

Jun 11, 2016 03:59 AM
Rainmaker
821,972
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Depends on your state. In CT Buyer Agent agreements became mandatory, I believe in '97. Alas, many agents still ignore them. Even if not, the buyers often sign and then do as they please anyway and even if there is legal contractual recourse, not many agents choose to pursue that course of action. So, theoretically that sort of agreement would have saved you, but in practice, not necessarily.

Jun 11, 2016 02:45 AM
Rainmaker
4,189,787
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Every time!!

Jun 11, 2016 01:52 AM
Rainmaker
1,231,599
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Pennsylvania agency law went into effect in 1999; that is when Buyer Agency Agreement were made available via PAR forms. (Pennsylvania Association of Realtors) 

Jun 11, 2016 01:33 AM
Rainmaker
4,210,532
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

I do not use them, but am reconsidering given the current climate!

Jun 11, 2016 12:41 AM
Rainmaker
919,773
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

I don't use them - I find them not worth the paper they're written on - after all what will you do if they decide to work with someone else? Sue them? That's real good for business - suing potential customers

Jun 11, 2016 10:13 PM
Rainmaker
1,387,323
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I don't remember when they came into existence.  They are big on the east coast, but barely known on the west coast.  I only use them if I'm taking someone to a house that's not yet listed.

Jun 11, 2016 10:39 AM
Rainmaker
1,157,485
FN LN
Toronto, ON

In my jurisdiction, Buyer Representation Agreements and Buyer Customer Agreements were created a number of years ago.

Jun 11, 2016 08:07 AM
Rainmaker
1,324,938
Donald Urschalitz
Lubeck Realty Group - Jupiter, FL
P.A. Realtor ABR RSPS North Palm Beach County

I am a ABR and yes if a client is not known to me I require that. time is money and too many buyers are not loyal until they understand what we do for them.

Jun 11, 2016 07:51 AM
Rainmaker
1,459,527
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Susan Laxson Buyer Representation was very rare and very secretive when I first came into real estate in 1985. Although, like most things it started in California some time in the 80's. We didn't officially see it here until the 90's. Now Buyer Broker Agreements are mandatory here in Virginia with Buyer Representation.

Jun 11, 2016 05:40 AM
Rainmaker
4,799,501
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I have used them in the past only to find out that most lawyers in Florida as well as brokers really don't enforce the agreement and are not willing to go to the expense to fight it in court.

Jun 11, 2016 05:03 AM
Rainmaker
5,588,010
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Susan,

Commercial real estate always had one to my knowledge.  It was 3 pages long and full of legal stuff.  Ron created a simple one (one paragraph) with the right to cancel in 30 days.   We also had a spread sheet with all the properties we toured that they signed as having seen with us.  A

Jun 11, 2016 03:50 AM
Rainer
230,924
Mike Rock
Complete Design - Granite Bay, CA
Granite Bay Luxury New Construction...For Less

where we are, if an agent was to ask the buyer to sign, many would just go to another agent. many many buyers are going to the listing agent period and not using the buyers agent. they use the listing agent as the buyers as well and ask for discount

Jun 11, 2016 03:02 AM
Ambassador
5,409,570
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Always a good idea to get it signed along with all the other formalities like collecting their name, contact info, and pre qualification.

Before heading out to see the first home.

Jun 11, 2016 02:32 AM
Rainmaker
5,571,923
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

those in my office who work with buyers have never used a buyer's broker agreement

Jun 11, 2016 01:38 AM
Rainmaker
3,069,984
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

1. No

2. Yes - always

3. Yes - always

Jun 11, 2016 01:35 AM
Rainmaker
634,282
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Sometime in the 1990's I think.

Jun 16, 2016 06:26 PM
Rainmaker
4,014,174
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Not sure in our state the start of it but I use them all the time now.

Jun 12, 2016 01:11 AM
Rainmaker
4,099,880
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

I don't know the exact time but I do recall learning about them early in my career(mid 1990s) and I rarely(as in practically never) use one.  

Jun 12, 2016 12:44 AM
Rainmaker
849,960
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

No. We use then at some point in the process, but it depends on when we start having serious conversations about buying. There are options to make buyers feel more comfortable signing one, like 1 showing, 1 day, 1 week expiration dates. If it's a good match, then the date can be extended.

Jun 11, 2016 09:26 PM
Ambassador
4,312,759
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Susan Laxson in MA, buyer's agency officially became effective in July 2005 - to best of my knowledge.

I doubt if any such thing existed in 1986!

Jun 11, 2016 04:03 PM
Ambassador
3,039,230
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Buyer's agency wasn't a thing in GA until 1992.  Not sure what year after the form came along

Jun 11, 2016 02:59 PM
Rainmaker
1,991,358
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker in DC, MD, VA and attorney in DC

I think the agreement came in around 1990 

Jun 11, 2016 01:01 PM
Rainmaker
3,985,875
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Minnesota has had them for a long time and I use them all the time.

Jun 11, 2016 11:50 AM
Ambassador
1,616,354
Harry F. D'Elia III
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

That standard is usually set by the broker of the company. I would advise all tools at your arsenal.

Jun 11, 2016 11:12 AM