Buyer representation in La Jolla: your written agreement with your agent

What buyer representation means

Buyer representation means an agent works for you, the buyer, under a written agreement. This page covers:

• The written agreement: what the agent does, how they are paid, and when it ends
• Agency: the duties your agent owes you
• The form that shows who works for whom
• How pay works, and that it is open to talks
• Where to read more: buying & selling, guides and La Jolla

The main source is teaching material from the California Department of Real Estate (DRE), the state office that licenses agents. It is not advice on your own agreement.

The written buyer agreement

A buyer-broker agreement is a signed paper between you and your agent’s company (the broker). It lists what the agent will do, how they are paid, when pay is due, and when the agreement ends.

The DRE says California law requires a buyer’s agent to sign this agreement with you as soon as they reasonably can. It must be signed no later than when you sign an offer to buy. Ask your lawyer how this applies to your tours and offers.

Newer state rules (from a law called AB 2992) add more limits for agreements with individual buyers:

• A term of “three months” is counted as 90 calendar days.
• The agreement cannot renew by itself.
• The rules assume the agent can get the agreement signed before showing you a home, in person or online.

The DRE Reference Book names some common industry forms (BRE, BRNE and BRNN). That is for learning only. It does not mean one form must be used for every buyer.

What “agency” means

Agency means you (the principal) let the agent act for you, with some room to use judgment. The DRE calls a real estate broker’s role a special agency, which means it covers only the home deal, not all your affairs.

Agency creates a fiduciary duty. That means the agent must put your interests first in the deal. It includes loyalty and keeping your private details private.

• Your written agreement and the law set what the agent may do for you. Ask your lawyer about the details.
• If one company works for both buyer and seller, that must be shared in writing.

The form that shows who works for whom

A disclosure is a written notice. The DRE describes one called Disclosure Regarding Real Estate Agency Relationships. Industry form lists often call it form AD. It helps everyone see who represents whom.

Sometimes the buyer’s agent and the seller’s agent work for the same company. The DRE says that company then represents both sides. This is called dual agency: one company working for both sides. Ask your lawyer which forms you need and when.

How your agent gets paid

The DRE says the pay agreement must be in writing. Under California law, commissions are fully open to talks. An agent should not say there is a “standard” rate.

After you sign, there are a few ways pay can happen. You can pay the agent yourself. Or you can ask the seller to pay some of it, called a seller concession. The seller can say yes or no.

• You can talk about fees for your purchase with Weston directly. They are not published here.
• Ask your lawyer about the exact words, the length of the agreement, dual agency, and how to end it.