BUYER REPRESENTAION:

I have worked for a variety of buyers over the years and enjoy doing the leg work and research necessary for a buyer to make a good decision regarding the potential purchase of a property.

If I don't know the answer, I have the ability to connect a buyer with an expert in that area.  I attend numerous educational talks and seminars each year to meet and learn from professionals in a variety of specialties. 

Working with buyers requires the ability to listen carefully to fully understand the needs of the buyer and working exclusively in the interest of that buyer.

However the human computer is still an irreplaceable part of any transaction.  Knowing the trends of areas, history and even weather patterns are helpful to buyers in search of a property to meet their needs.  For example, some common questions are:

• Where does the sun rise in the winter, will I be the in shadows during the afternoon?
• What are the winter conditions typical in this valley?
• How do you ski-in-ski-out of this condo?
• What type of fishing can I expect in this stream?
• What types of noxious weeds are on the property and who can develop a treatment protocol?
• Can I expect to get into this property during the winter months?
• Where is the nearest airport where I can land my plane?
• Who owns that land over there?
• What type of recreation is available to this area?are there hiking trails and access to public land in this valley?
• What has been the tax history of this district?
• What is the carrying capacity of this ranch?
• Could I build a pond here?
• What is a Phase I?
• What do water rights in Montana really mean?

• A "Seller Agent" is obligated to the Seller to:
  • Act solely in the best interests of the seller, except that a seller agent, after written disclosure to the seller and with the seller's written consent, may represent multiple sellers of property or list properties for sale that may compete with the sellers' property without breaching any obligation to the seller;
  • Obey promptly and efficiently all lawful instructions of the seller;
  • Disclose all relevant and material information that concerns the real estate transaction and that is known to the seller agent and not known or discoverable by the seller unless the information is subject to confidentiality arising from a prior or existing agency relationship on the part of the seller agent with a buyer or another seller;
  • Safeguard the seller's confidences;
  • Exercise reasonable care, skill, and diligence in pursuing the seller's objectives and in complying with the terms established in the listing agreement;
  • Fully account to the seller for any funds or property of the seller that comes into the seller agent's possession; and
  • Comply with all applicable federal and state laws, rules, and regulations.
• A "Seller Agent" is obligated to the Buyer to:
  • Disclose to a buyer or the buyer agent any adverse material facts that concern the property and that are known to the seller agent, except that the seller agent is not required to inspect the property or verify any statements made by the seller;
  • Disclose to a buyer or the buyer agent when the seller agent has no personal knowledge of the veracity of information regarding adverse material facts that concern the property;
  • Act in good faith with a buyer and a buyer agent; and
  • Comply with all applicable federal and state laws, rules, and regulations.
• Dual Agency if a seller agent is also representing a buyer, or a buyer agent is also representing a seller with regard to a property, then a dual agency relationship may be established.  In a dual agency relationship, the dual agent is equally obligated to both the seller and the buyer.  These obligations may prohibit the dual agent from advocating exclusively on behalf of the seller or buyer and may limit the depth and degree of representation that you receive.  A broker or a salesperson may not act as a dual agent without signed, written consent of both the seller and the buyer.
• A "Dual Agent" is obligated to a seller in the same manner as a seller agent and is obligated to a buyer in the same manner as a buyer agent, except that a dual agent:
  • Has a duty to disclose to a buyer or seller any adverse material facts that are known to the dual agent regardless of any confidentiality considerations; and
  • May not disclose the following information without the written consent of the person whom the information is confidential;
    • The fact that the buyer is willing to  pay more than the offered purchase price;
    • The fact that the seller is willing to accept less than the purchase price that the seller is asking for the property;
    • Factors motivating either party to buy or sell; and
    • Any information that a party indicated is writing to the dual agent is to be kept confidential.
  • A "Statutory Broker" is not the agent of the buyer or seller but nevertheless is obligated to them to:
    • Disclose to:
      • A buyer or a buyer agent any adverse material facts that concern the property and that are known to the statutory broker, except that the statutory broker is not required to inspect the property or verify any statements made by the seller; and
      • A seller or a seller agent any adverse material facts that are known to the statutory broker and that concern the ability of the buyer to perform on any purchase offer;
    • Exercise reasonable care, skill, and diligence in putting together a real estate transaction, and
    • Comply with all applicable federal and state laws, rules and regulations.
  • A "Buyer Agent" is obligated to the Buyer to:
    • Act solely in the best interests of the buyer, except that a buyer agent, after written disclosure to the buyer and with the buyer's written consent, may represent multiple buyers interested in buying the same property or similar properties to the property in which the buyer is interested or show properties in which the buyer is interested to other prospective buyers without breaching any obligation to the buyer;
    • Obey promptly and efficiently all lawful instructions of the buyer;
    • Disclose all relevant and material information that concerns the real estate transaction and that is known to the buyer agent and not known or discoverable by the buyer, unless the information is subject to confidentiality arising from a prior existing agency relationship on the part of the buyer agent with another buyer or seller;
    • Safeguard the buyer's confidences;
    • Exercise reasonable care, skill, and diligence in pursuing the buyer's objectives and in complying with the terms established in the Buyer/Broker agreement;
    • Fully account to the buyer for any funds or property of the buyer that comes into the buyer agent's possession; and
    • Comply with all applicable federal and state laws, rules and regulations.
  • A "Buyer Agent" is obligated to the Seller to:
    • Disclose any adverse material facts that are known to the buyer agent and that concern the ability of the buyer to perform on any purchase offer;
    • Disclose to the seller or the seller agent when the buyer agent has not personal knowledge of the veracity of information regarding the adverse material facts that concern the buyer;
    • Act in good faith with a seller and a seller agent; and
    • Comply with all applicable federal and state laws, rules and regulations.
  • An "Adverse material fact" means that a fact should be recognized by a broker or salesperson as being of enough significance as to affect a person?s decision to enter into a contract to buy or sell real property and may be a fact that:
    • Materially affects the value, affects the structural integrity, or presents a documented health risk to occupants of the property; and
    • Materially affects the buyer's ability or intent to perform the buyer's obligations under a proposed or existing contract.

  "Adverse material fact" does not include the fact that an occupant of the property has or has had a communicable disease or that the property was the site of a suicide or felony.