Buying agents or purchasing agents are people or companies that offer to buy goods or property on behalf of another party. [1] Indent agents or indenting agents (or firms) are alternative terms for buying agents. [2] An indent is an order for goods under specified conditions of sale. [3] [4]
There are agents for all kinds of products, from raw material commodities through to specialized custom equipment.
In the United States, agents who buy real estate in this way are also known as property search agents or buyers’ agents and are professionals exclusively acting on behalf of a property buyer who assists the client during the entire purchasing process from sourcing the properties that correspond to the clients' requirements to negotiating the best possible price and terms with the seller and helping the client during the legal process to complete the acquisition.
Buying agents often preview properties on behalf of their clients, shortlist the most suitable, and usually accompany clients to all viewings. In order to ensure the most efficient property viewing experience, most agents offer a chauffeur and sometimes even helicopter viewings to their high-end clients. Often they will also offer personal concierge services which can schedule all viewings, book hotels, transfers and other amenities for the client. These services can be particularly useful to international clients who tend to fly in to view properties. In addition agents are typically able to connect the client with all necessary technical trades people who are required at different stages of the buying process such as lawyers, surveyors and other professionals.
Buying agents might have access to off-market properties through their network of contacts, although this depends on the market conditions and on how well connected the agent is locally.
The ethical behavior is a very important aspect to measure the professionalism of a buying agent: at any time they must advise their clients with no self-interest for their own success fee.
While initially buying agents catered exclusively to wealthier demographics, lately, especially in more competitive markets like London or Paris, the entry-level has significantly dropped to properties valued at around £500,000 or €500,000 (see The Daily Telegraph , [5] )
At one end of the spectrum lie the super introduced local property experts who can be an invaluable resource for a buyer who is set on off-market or pre-market properties as well as private deals. These professionals are often able to source off-market because they have close ties with estate agents (or, in the United States, real estate brokers), they know other local intermediaries who may flag exclusive confidential deals, such as lawyers, private bankers, investment managers or other professionals and they sometimes know personally the owners of the best luxury properties for sale in the area they cover. If this is what the buyer is looking for then the size of the company is less relevant as contacts are made over time and lie in the hands of a few experienced professionals who may operate within larger organizations as well as on their own. Buying agents also often have close ties with property developers where the agent can get access to new properties before they come onto the open market.
The better buying agents will also have extensive knowledge of the properties in your target area and will contact owners of suitable properties directly to enquire if they would sell. This does put you in a weaker position in the negotiations but it means that you will have access to properties that other buyers won't and if your buying agent is a skilled negotiator then you may not have to pay a premium.
At the other end of the spectrum there are agencies that act more like relocation companies, well organized, operate in various languages, help their clients with all required paperwork, are well connected to various professionals and other companies in order to provide a full-blown service; these companies may be less capable of scouting off-market transactions or deal directly with private property owners.
Independent buying agents like to stress their autonomy from selling agencies who, depending on the country, either act on behalf of sellers or as mediators between the two parties (See The Independent , [6] ). On the other side some well known estate agencies also offer buying services despite reservations over conflict of interest.
Because of the different nature of buying agencies, prospect buyers are often advised to contact more than one company to compare and contrast their benefits. As is often the case, it can be better to hire a professional who is more capable to listen and understand our needs even though his or her company does not entirely tick all the other boxes.
Most buying agents have significant transactional experience; however, like estate agents, only few of these professionals have a surveying qualification so they may not be the best advisors when it comes to valuing the property and predicting future market trends. For this reason the buyer may rely on other advisors or their own judgment before taking an investment decision.
From a geographical standpoint buying agents’ coverage ranges from a rather limited focus on few specific city districts or sub regional areas (a few towns and their surroundings) to nationwide 'chain' services. However each company has a few areas where it is stronger and only in those locations may it be able to deliver a superior value, especially when it comes to sourcing special opportunities. Only few companies in Europe have expanded to cover more than one country by employing different professionals.
There are varying terms for a buying agent which include: property consultant, property acquisition consultant, relocation agent and property finder. As per the above paragraph their skill sets vary slightly but the business is very similar. As this specific section within the property industry is still relatively new, in comparison to estate agents for example, the specific terms used are still debated in each country.
In some European countries, like the UK, buying agents do not need to pass any specific exam or get any certification to start practicing their profession while in other countries, like Italy, France or Spain they have to conform to the same qualification and legal requirements as selling agents do, even though the two roles differ substantially. This seeming gap in the regulation may be filled if and when the industry is going to mature.
Buying agents fees depend on the specific property market and often vary within a certain country. The overall fee structure is made of a small registration fee which is refundable (provided that the buyer completes the purchase within a certain time defined in the contract) and is charged upfront, and a success fee which is a percentage of the purchase price of the property and is paid at the exchange of contracts or when a preliminary contract is signed.
Buying agents generally require exclusivity meaning that the client cannot continue to search on its own or via estate agents for the duration of the contract, which generally lasts from 3 to 6 months.
French companies are forbidden from charging any registration fees and are required by law to tie all their compensation to the successful completion of the transaction. However good buying agents do not make any profit from the registration fee; the main purpose of the fee is to increase the likelihood that the client is sincerely committed to the purchase; in case they were not they would lose the registration fee after a certain length of time.
The success fee is a percentage of the sale price. Prospect property buyers should know that there are two different arrangements mainly depending on market conditions:
All these conditions are well specified in the contract agreement that the client signs upfront. Buying agents often claim that they can get a higher discount on the sales price than a private buyer could manage because they better know the prices at which similar properties have been recently exchanged in the market and they make use of good negotiating skills.
A full set of code of ethics is set out by The Property Ombudsman, [8] which any respected buying agent would be a member of.
A photographer is a person who makes photographs.
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: the exchange of contracts and completion.
A real estate agent, referred to often as a Realtor and/or a real estate broker is a person who represents sellers or buyers of real estate or real property. While a broker may work independently, an agent usually works under a licensed broker to represent clients. Brokers and agents are licensed by the state to negotiate sales agreements and manage the documentation required for closing real estate transactions. Buyers and sellers are generally advised to consult a licensed real estate professional for a written definition of an individual state's laws of agency. Many states require written disclosures to be signed by all parties outlining the duties and obligations.
An estate agent is a live or business that arranges the selling, renting, or management of properties and other buildings. An agent that specialises in renting is often called a letting or management agent. Estate agents are mainly engaged in the marketing of property available for sale, and a solicitor or licensed conveyancer is used to prepare the legal documents. In Scotland, however, many solicitors also act as estate agents, a practice that is rare in England and Wales.
Title insurance is a form of indemnity insurance predominantly found in the United States and Canada which insures against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage loans. Unlike some land registration systems in countries outside the United States, US states' recorders of deeds generally do not guarantee indefeasible title to those recorded titles. Title insurance will defend against a lawsuit attacking the title or reimburse the insured for the actual monetary loss incurred up to the dollar amount of insurance provided by the policy.
A timeshare is a property with a divided form of ownership or use rights. These properties are typically resort condominium units, in which multiple parties hold rights to use the property, and each owner of the same accommodation is allotted their period of time. Units may be sold as a partial ownership, lease, or "right to use", in which case the latter holds no claim to ownership of the property. The ownership of timeshare programs is varied, and has been changing over the decades.
A purchase order is a commercial document and first official offer issued by a buyer to a seller, indicating types, quantities, and agreed prices for products or services. It is used to control the purchasing of products and services from external suppliers. Purchase orders can be an essential part of enterprise resource planning system orders.
Underwriting (UW) services are provided by some large financial institutions, such as banks, insurance companies and investment houses, whereby they guarantee payment in case of damage or financial loss and accept the financial risk for liability arising from such guarantee. An underwriting arrangement may be created in a number of situations including insurance, issues of security in a public offering, and bank lending, among others. The person or institution that agrees to sell a minimum number of securities of the company for commission is called the underwriter.
A real estate contract is a contract between parties for the purchase and sale, exchange, or other conveyance of real estate. The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. Real estate called leasehold estate is actually a rental of real property such as an apartment, and leases cover such rentals since they typically do not result in recordable deeds. Freehold conveyances of real estate are covered by real estate contracts, including conveying fee simple title, life estates, remainder estates, and freehold easements. Real estate contracts are typically bilateral contracts and should have the legal requirements specified by contract law in general and should also be in writing to be enforceable.
A mortgage broker acts as an intermediary who brokers mortgage loans on behalf of individuals or businesses.
Closing costs are fees paid at the closing of a real estate transaction. This point in time called the closing is when the title to the property is conveyed (transferred) to the buyer. Closing costs are incurred by either the buyer or the seller.
Flipping is a term used to describe purchasing a revenue-generating asset and quickly reselling it for profit.
A listing contract is a contract between a real estate broker and an owner of real property granting the broker the authority to act as the owner's agent in the sale of the property.
Business brokers, also called business transfer agents, or intermediaries, assist buyers and sellers of privately held businesses in the buying and selling process. They typically estimate the value of the business; advertise it for sale with or without disclosing its identity; handle the initial potential buyer interviews, discussions, and negotiations with prospective buyers; facilitate the progress of the due diligence investigation and generally assist with the business sale.
A lease option is a type of contract used in both residential and commercial real estate. In a lease-option, a property owner and tenant agree that, at the end of a specified rental period for a given property, the renter has the option of purchasing the property.
A buyer brokerage or buyer agency is the practice of real estate brokers and their agents representing a buyer in a real estate transaction rather than, by default, representing the seller either directly or as a sub-agent. In the United Kingdom and Australia, the most common term is buying agent.
Flat-fee multiple listing service or flat-fee MLS refers to the practice in the real estate industry of a seller entering into an "à la carte service agreement" with a real estate broker who accepts a flat fee rather than a percentage of the sale price for the listing side of the transaction. A flat-fee MLS brokerage typically unbundles the services a traditional real estate brokerage offers and lists the property for sale in the local multiple listing service (MLS) à la carte without requiring the seller to use all services.
Property finders are companies and individuals representing a buyer in a property transaction. The term is more common in the United Kingdom, but in the United States the situation is referred to as buyer brokerage, and in Australia it is known as buyer advocacy.
A real estate transaction is the process whereby rights in a unit of property is transferred between two or more parties, e.g. in case of conveyance one party being the seller(s) and the other being the buyer(s). It can often be quite complicated due to the complexity of the property rights being transferred, the amount of money being exchanged, and government regulations. Conventions and requirements also vary considerably among different countries of the world and among smaller legal entities (jurisdictions).
In finance, stock consists of all the shares by which ownership of a corporation or company is divided. A single share of the stock means fractional ownership of the corporation in proportion to the total number of shares. This typically entitles the shareholder (stockholder) to that fraction of the company's earnings, proceeds from liquidation of assets, or voting power, often dividing these up in proportion to the amount of money each stockholder has invested. Not all stock is necessarily equal, as certain classes of stock may be issued for example without voting rights, with enhanced voting rights, or with a certain priority to receive profits or liquidation proceeds before or after other classes of shareholders.