Profile picture for KellieBerget

When working with a buyer's agent, who is responsible for paperwork?

We are considering listing our home FSBO, but are willing to work with a buyer's agent.  If an agent brings a buyer, will they fill out all of the necessary paperwork for the sale, or would I be responsible to get my own paperwork together?
  • April 28 2013 - South Bend
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Answers (16)

The buyers agent - as the title implies - represents the buyer.  They may give you the necessary forms to complete, however they should not assist you other than in a very general manner.

If you make a mistake or agree to terms not in your best interest that's on you.  The buyers agent is there to get the best price and terms for their client - the buyer.  They have no obligation to the seller.

You should hire a Real Estate attorney to represent your interests.
  • April 29 2013
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Profile picture for hpvanc
Plan on handling your own paperwork and possibly having an attorney review it and explain it to you before signing it.
  • April 28 2013
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Usually the Buyer;s Agent will provide all forms necessary for the sale.Keep in mind,without an Agent representing your interests you might be in jeopardy.
  • April 28 2013
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The best advice is to have an agent represent you in the transaction. Shop around in order to find the perfect fit. I have offered professional representation for as little as $600.
  • April 28 2013
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In California, each side is considered responsible for their own paperwork so you will need to be pretty familiar with exactly what is needed.  As others have pointed out, when you are not having your own representative in the sale, the agent representing the buyer will need to be skilled enough to handle the paperwork needed to protect the buyer but they won't be working for you as the seller.  With two agents involved, there is a ready-made check-and-balance in the process to keep paperwork flowing and to push when something is amiss.  Without an advocate on your side, things might be falling to pieces and you might not have a clue.
  • April 28 2013
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Profile picture for Jason Muse
A buyers agent can handle all the paperwork necessary, however, pay attention to the details.  

Get familiar with a Residential Contract as the buyer's agent will prepare the details in the favor of their client.  
  • April 28 2013
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Thanks for posting you question on Zillow.com!

I HOPE you would be willing to work with Realtors!  We represent most buyers.  If I am the buyer's agent I would expect you to handle the paperwork.  If I had to do ANYTHING, I would expect more commission because I am now doing what would be your agent's job.

Good luck!
  • April 28 2013
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Don't be so worried about the commission.  Hire a listing agent who handles all the paper work for you.  It's worth it to avoid a law suit.  There is so much involved these days in the contracts....Besides.. when it is listed the agent representing you does work in your best interest to get the best possible price for your home. At the end of the day you would be getting more exposure by using an agent. 
  • April 28 2013
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In Indiana, the seller must complete a sales disclosure form to inform buyer of all home defects the seller is aware of. Seller must also fill out a lead based paint disclosure form. Luckily, the buyers' Realtor will provide those forms for the seller to complete. A licensed Indiana Realtor must make sure all the buyers' paperwork is completed properly which means all the required transaction paperwork will be provided.
  • April 28 2013
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The buyers agent can handle all paperwork for the process. I would reccomend having your own Real Estate attorrney look over the paperwork and awnser any questions for your own protection.
  • April 28 2013
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Dear Kellie,
The buyer agent will take care of their end of the "paperwork" and likely will try to help you with yours. However, when  you take on the job of selling a home yourself, you also take on some liability and you should be fully aware of this fact before moving forward. It's possible you could work something out with the buyer agent to take on all the paperwork but you will have to be willing to compensate them for their time. Otherwise hire a realtor and save yourself the trouble.
  • April 28 2013
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Profile picture for robtravers
Hi,
You will be responsible for your side of the paperwork. Here is a quick breakdown on the home selling process. (you)
1) Come up with a price by doing research and seeing what has sold, how long it took to sell, what has not sold, how long was it on the market for, etc.. (you)
2) Fill out a sellers disclosure form. ( CYOA Form) must lawsuits occur because things where not disclosed, such as water in the basement or roof leak, etc... (you)
3)Stage your home, clean it up, give it a bath, paint it, de-clutter closets and cabinets, etc.. (you)
4) Get photos of your home. (you)
5) advertise it all over the place.(you)
6) let people in to see the house at various times of the day and week. (you)
7) Hopefully receive an offer ( buyer agent)
8) Make sure the buyer is a good buyer and all the paperwork is in order, such as qualification from the mortgage company along with a few other things. (you)
9) Negotiated price after reviewing the offer. ( you and buyer agent)
10) Home Inspections (buyer agent)
11) Reply sent to you from buyer agent with things that the buyer wants to be credited for or repaired. (buyer agent)
12) Negotiating the reply to home inspection. (you and buyer agent)
13) Repairing what you said you would do on the Home inspection (you)
14) Make sure that all the dates and timelines stay intact for the whole process so there are no loopholes to get out of the purchase on the buyer side (you)
15) Ordering title ( buyer agent)
16) ordering U and O (you)
17) Fixing title issue ( both)
18) fixing issues with the u and o inspection (you)
19) Pre-settlement walk-thru (buyer agent)
20)Fixing any issues with the walk-thru, such as where is the washer and dryer I thought that was coming with the house or the light in the dinning room is missing, why? (you)
21) Signing papers at settlement (everyone)
22) Cashing the check at the bank. (YOU!!!)

I know I missed a few things but this is just a general idea of the process.
Sorry if my grammar is off but I just jotted it all down and did not proof read it.

Good Luck
Robert Travers
  • April 28 2013
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Regulations and paperwork vary from state to state, but you will most likely be responsible for making the proper disclosures and representations to the buyer.
  • April 28 2013
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Profile picture for Kristin Dack

The buyer's agent will write up a purchase contract and submit it to you and knowing you are representing yourself they will probably make sure any necessary paperwork is done to protect their buyer and themselves because it does vary by state but certain paperwork will need to be completed either way but the buyer's agent is not automatically responsible for making sure your paperwork is done they are not representing you.

  • April 28 2013
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Profile picture for SoCal Engr

From what I have seen on the Internet about going FSBO, I believe you should be prepared to handle paperwork (especially disclosures).

This website has general information on what a FSBO seller should anticipate, as well as some recommendations for getting through the process. I am not recommending that you use their services, but they do seem to have some good guidelines/information.

They also have state-specific forms that can be downloaded for a fee (as do many other sites).

  • April 28 2013
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Profile picture for Kim Ketcher
The real estate agent will be responsible for filling out and submitting all of the necessary paperwork if they bring you a buyer, however, rules vary by state.
  • April 28 2013
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