Acceptance of an offer
Learn when a binding agreement to buy and sell real estate is formed and how to assist clients by preparing and submitting or responding to an offer to buy real estate.
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Category: Buyer Representation
Avoid preferential price fixing with seller broker
This article presents the appropriate reaction to a seller broker’s attempt to simultaneously fee-fix and unlawfully induce a buyer broker to violate California’s buyer representation agreement law.
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An agreement starts as an offer
Learn the contract elements comprising an enforceable agreement and how to manage the submission of an offer for the sale, lease or exchange of real estate.
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Needed Legislative Follow-Through – Foresight Dictates Prudence
Laws for consumer representation by DRE brokers need consistency. Litigation will pull in the courts to definitively establish the conduct required of tenant brokers to earn and collect a fee. In the meantime, brokers need to do everything in their power to protect the fee they and their agents expect to earn.
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The Ambidextrous User of Commercial Property
See how the use of a written tenant representation agreement by the tenant broker assures collection of a fee whether the user acquires a fee or leasehold interest in a property — the tenant representation agreement covers the broker in both circumstances.
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Users of Commercial Property Need Negotiated Written Representation, Too
2025 legislation requires a buyer agent to enter into a written representation agreement with their buyer seeking to acquire a fee interest in real estate. But is a commercial tenant’s acquisition of a leasehold interest also targeted? This three-part series is engineered to fully address every facet of this question commonly asked by our readers and students.
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The seller breaches the purchase agreement
Learn to conduct a transaction as a buyer agent when a seller breaches the purchase agreement with a buyer, discuss remedies available to the buyer and review money losses the buyer may recover on a seller’s breach.
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The safety clause for residuals from due diligence efforts
Learn to appreciate a safety clause provision in exclusive representation agreements as assurance a fee is earned after expiration when your client sells or buys due to your efforts during the employment.
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Fees for withdrawal or termination of a representation agreement
Learn to protect your broker’s right to collect a fee when a seller-client removes their property from the market or cancels the representation agreement.
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Form-of-the-Week: Buyer and Tenant Representation Agreements — Forms 103.1, 103.2, 105.1 and 105.2
Retain a client and earn a fee as an exclusive agent whether the client acquires a leasehold or fee interest.
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The exclusive employment obligations of a broker
Learn the obligations of a seller and their broker under an exclusive seller representation agreement and whether a buyer is ready, willing and able to buy when submitting an offer to purchase.
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The MLS environment
Review the historical and current practice of a buyer broker to earn and be paid their fee on a transaction when representing a buyer-client.
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Form-of-the-Week: The Right of First Refusal to Buy — Form 579
A landlord and tenant may agree to grant the tenant a right of first refusal in an addendum to the lease agreement using RPI Form 579.
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Confronting the illegal practice of price-fixing fees in 2025 — California style
How does a buyer broker or agent conduct discussions with a seller broker without falling back into consumer-unfriendly methods for representation and fee-setting?
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Form-of-the-Week: Tenant Representation Agreements and Renewals — Forms 105.1, 105.2, 105.1A and 105.2A
The tenant representation agreement employing a broker to acquire a leasehold interest in a property is the leasing equivalent to the buyer representation agreement to acquire a fee interest.
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A representation agreement employs a broker
Learn the difference between exclusive and open client representation agreements and understand the use of exclusive representation agreements as best practice for client representation.
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Reading the legal tea leaves — the parallel need to conform tenant representation to new buyer representation rules for commercial transactions
The new buyer representation rules have an application which may surprise some brokers – the negotiated, written representation of commercial tenant clients.
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Letter to the Editor: What happens to buyer representation agreements and fees when an agent changes brokers?
A buyer representation agreement runs with the broker, not the agent.
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Counteroffer to a Purchase Agreement with a Fee Provision
A seller broker’s tortious interference with the fee arrangements between the buyer and the buyer broker is as imprudent as whacking a hornet’s nest.
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Illustrating the Fee-Math Involved in a Sale, Pt II
See how to use the Seller’s Net Sales Proceeds form and Buyer’s Acquisition Cost Sheet form to clearly present the financial consequences of a transaction to your seller or buyer.
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