Finding, And Choosing, A Buyer’s Agent In Howard County Maryland
OK, so you want to buy a home in Columbia or Ellicott City or somewhere else in Howard County Maryland. And, you’ve decided you want “someone on your side” – a “buyer’s agent”. Great. However, you have to realize there are different types of so-called “buyer’s agents.”
Types of “Buyer’s Agents”
The purpose of having a so-called “buyer’s agent” is to have that agent give YOU, the buyer, 100% loyalty. However, each real estate agent must work for a real estate broker, and the loyalty an agent can offer you is enhanced, or limited, by the business chosen by your agent’s broker. Since about 1995 Maryland real estate brokers have selected one of three types of practices: Exclusive Buyer’s Agency (”EBA”); Single Agency (”SA”); or Dual Agency (”DA”).
Exclusive Buyer’s Agency (”EBA”)
In an EBA firm the brokerage only represents home buyers – never sellers. The advantage to a buyer is that the broker and your agent can give you 100% loyalty, with 0% chance of a conflict of interest of also representing the seller.
Today there are no firms offering Exclusive Buyer’s Agent service in Howard County. (If you contact the National Association of Exclusive Buyer’s Agents for a buyer’s agent in Howard County, they’ll tell you there are no exclusive buyer’s agents here – and they’ll recommend that you contact John Toner of Providence Real Estate).
In the early 1990’s there were four Exclusive Buyer’s Agent brokers, but since then one went out of business, one moved out of state, and two (including our firm) converted to Single Agency practices. (The website Buyers-Agents.com traces some of the history of buyer’s agents in Howard County Maryland).
Single Agency (”SA”)
A Single Agency firm represents both buyers (as buyer’s agents) and sellers (as seller’s agents) but never both at the same time (so-called “dual agents”). Single Agency firms by definition tend to be smaller brokerages with a handful of agents and no more than, say, a half dozen buyer or seller clients at any given time. Think “craftsman” vs mass-production.
A Single Agency brokerage can’t offer the 100% loyalty of an EBA but, because Single Agencies are small, the odds of an actual conflict of interest are low. Suppose the broker represents four sellers at the moment amidst 1200 homes currently for sale. The odds that you, as buyer, want to buy one of these homes is just 0.3% (4 divided by 1200).
Most Single Agency firms use a “first in time” rule for representing clients. Say you come to our office today and want to buy a home in the $550,000 – $700,000 range, and of our current five listings one fits that description. We’d show you the home first. If you don’t like it, we’d sign a buyer’s agent agreement with you promising to give you 100% loyalty on all other homes on the market in your price range. However, if you did like the home we have listed, we would have to represent the seller (he was our client “first”). At that point you could choose to work through us to buy the home, knowing we represent the seller, or you could hire a completely different buyer’s agent from another firm to represent your interests.
(Wow – that was weird, huh? A Realtor® actually honest enough to say that, on occasion, you might actually want to work with someone else!?)
Currently there are three Single Agency firms offering buyer’s agent service in Howard County Maryland that we are aware of: the John & Angela Team at Providence Real Estate, and two other small firms in Howard County.
Dual Agency (”DA”)
Dual Agency is what the overwhelming majority of all Maryland firms practice. They work with buyers and sellers, but get all their clients to sign a “dual agency consent” form, which allows the brokerage and the agent to represent both the buyer and the seller in the same transaction. The purpose for this is so that the company, and agent, can secure your loyalty to them 100% while they only “maybe” give you 100% loyalty back.
If you think you have a buyer’s agent in Howard County, but are working with an agent with one of the big firms, you probably have merely a dual agent.
If it is a firm that has a huge local market share, for example Long & Foster in our local market, it is difficult for them to offer true 100% loyalty to either buyers or sellers. If Long & Foster has, say, a 25% market share of homes for sale in Ellicott City, then there is a 25% chance your agent can’t serve as truly your buyer’s agent in Ellicott City. If Coldwell Banker has a 32% market share of homes for sale in Columbia Maryland, then there is a 32% chance your agent can’t be your buyer’s agent in Columbia Maryland. In both cases, the agent would be a “dual agent” at best.
Is dual agency legal? Yes, sort of. Is dual agency right or fair? Well, we don’t think so. Maryland, like most states, passed laws in the 1990’s “legalizing” dual agency. But the practice is prone to legal problems – for agents, brokers, buyers and sellers – that there is a network of real estate attorney who specialize in protecting the victims of dual agency after the fact – see Real Estate Lawyers.Com.
In essence dual agency is designed to protect the agent (making sure that you remain loyal to them) while allowing your so-called “buyer’s agent” to give you compromised loyalty if you happen to buy one of her firm’s listings.
Here is a simple test: Ask a prospective Howard County buyer’s agent to specify how their broker’s agency policy will allow them to provide you with the Six Fiduciary Duties of a Buyer’s Agent. (My next blog will outline the Six Fiduciary Duties of a Buyer’s Agent).
If the agent squirms – or worse – looks confused, as if they’ve never even heard of the Six Fiduciary Duties, you might want to look for a different Howard County Buyer’s Agent. Contact us by email for more information about homes for sale in Howard County and/or how our buyer’s agent services can help you get a great deal on a Howard County home.



