Why Choose an Exclusive Buyers Agent: How to tell if you have one
Logo Design: Art by Michael West
Making the Distinction Between Exclusive Buyer Agents and Traditional Buyer Agents
Many people are still confused about the difference between exclusive buyer agents and traditional buyer agents. I have seen many agents that work for traditional real estate companies who specialize in buyer agency. However, they are not exclusive buyer agents, because their company also handles listings. A true exclusive buyer’s agent works for a company that does not take listings at all. There is a difference.
In Washington State, when a broker (aka. the company) has two different agents working on opposite sides of the same transaction, the broker becomes the dual agent:
“In a transaction in which different licensees affiliated with the same broker represent different parties, the broker is a dual agent, and must obtain the written consent of both parties as required under RCW 18.86.060.”
In some states, such a broker is called the “Designated Broker,” but it is still dual agency by another name. I think it is important for traditional buyer agents to clarify that they are not EBAs. I think that it would be better to be upfront about it, so that buyers can make informed decisions if they want to avoid dual agency altogether.


Contact Us:
Suzette,
Great web site I’m working on my little site now. If I can help please let me know.
Yours in the EBA Circle,
George West, MAI, SREA, SRA, CBA, EBA
Thanks, George!
Need agent in shelton area.
Suzette,
So true and well stated… there IS a huge difference in what a consumer actually receives as a buyer!
In 1993 NAR published, “Agency: Choices, Challenges & Opportunities” as part of thei Legal Liability Series and it makes it abundantly clear that EBA refers to the entire brokerage.
Yet in Ohio the OAR tried in 1996 to claim that EBA referred to compensation that defined exclusive, not agency! What a crock. Does a trad listing agent claim to have the seller sign an Exclusive Seller Agency Agreement? No! It’s called an “Exclusive Right To Sell Listing Agreement.”
The ONLY thing a buyer agent can offer (with a brokerage that accepts listings and represents sellers) is a “Exclusive Right To Buy Listing Agreement.” Because all they are doing is “listing” the buyer…
Hi “Need agent in Shelton area”…you’ve got mail!
Hi there, Andrew! Thanks for commenting!
It makes sense, and I agree that there needs to be a clear universal definition, as to what constitutes exclusive buyer agency, so that it is not confused with an agreement for the exclusive right to represent.
These are definitely NOT the same, and I think this is one of the major points of confusion made worse by laws and association policies that are inconsistent with defining what exclusive buyer agency truly is and what it is not. I think NAEBA is making great progress in helping to address this dilemma.