Real Estate · General

What is the difference between a 'buyer's agent' and a 'transaction broker'?

  1. A They earn different commissions
  2. B A buyer's agent owes full fiduciary duties to the buyer (loyalty, confidentiality, obedience, disclosure, accounting, reasonable care); a transaction broker (also called a facilitator or non-agent) assists both parties with the mechanics of the transaction without owing full fiduciary duties to either
  3. C A transaction broker only works on commercial deals
  4. D A buyer's agent must be paid by the buyer; a transaction broker is paid by the seller

Why this is the answer

BUYER'S AGENT (Buyer Representation): The agent is the buyer's fiduciary — fully loyal to the buyer; discloses everything relevant; maintains confidentiality of buyer's motivations and limits; negotiates in buyer's interest. TRANSACTION BROKER (Non-Agent / Facilitator): In states that permit this (Florida, Colorado, Minnesota, and others), a transaction broker assists both parties with the transaction without representing either — they are a 'middle man' who facilitates without advocating. They still: must be honest and accurate; facilitate paperwork; are prohibited from using confidential information of either party against the other. The distinction matters for: what the practitioner can and cannot do; what disclosures are required at the outset of the relationship; what duties the client can rely on. Disclosure of which relationship exists is required in most states at first contact.
Source: Real Estate Broker Exam, Buyer's Agent vs Transaction Broker

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