Buyer's Agency

There are two ways home buyers can work with real estate agents in Wisconsin. These are described in the following:

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BUYER AGENCY

In Wisconsin, a homebuyer can choose to work with a buyer’s agent or a selling agent. Either way, your agent is a specially trained professional, licensed by the state of Wisconsin, who is obligated by law to treat all parties to a real estate transaction fairly.

SELLING AGENT

If you work with a selling agent, there is no contract between you and the agent, and you are not the agent’s client. You will, however, receive a Broker Disclosure to Customer form that lists the fair treatment duties owed to you and indicates that the selling agent is either an agent of the seller or an agent of the listing broker (subagent).

Buyer’s Agent If you work with a buyer’s agent, you are the buyer’s agent’s client. You and the buyer’s agent sign a WB-36 Exclusive Buyer Agency Agreement that includes a Disclosure of Real Estate Agency. The Disclosure lists the fair treatment duties owed to all parties and the duties owed to you as the client, and indicates that the buyer’s agent is the agent of the buyer. The buyer’s agent works for the interests of the homebuyer, but also must know how to work with the listing agent. A buyer’s agent can:

Give a negative opinion or critique of a seller’s property beyond disclosing defects.
Recommend or suggest an offering price or give you an opinion about whether a particular house is priced too high or too low.
Structure the offer and draft offer provisions with the buyer’s best interests in mind.
Recommend and assist the buyer with negotiation strategies for the best price and terms.
Research and disclose all information and research a property’s history title and liens so the buyer can make a better informed decision.
Give advice within the scope of the agent’s expertise as a licensed real estate professional.

A buyer can wait until the start of negotiations to decide on the type of relationship the buyer will have with the agent. If you choose to work with your agent as a Selling Agent, you will receive a Broker Disclosure to Customers. If you prefer that your agent represent you and enter into a Buyer Agency, you will receive a Broker Disclosure to Clients, but it will be part of WB-36 Exclusive Buyer Agency Agreement. I will send you copies upon request.

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