Corralling some of today's buyers long enough to go through the agency disclosure isn't always the easiest task. Many times I've been told, "Just show me where to sign." Early in my career it became apparent that agency had to be explained in less than 5 minutes or the task would become troublesome. Some buyers tune out; some politely listen; some pretend to understand and show they don't later in the transaction.
Why do real estate agents bother to explain agency then? If it's such a boring topic and no one seems to be listening, why do it? The easy answer: because it's the law. The first words on the Minnesota agency disclosure that is used in St. Paul are "MINNESOTA LAW REQUIRES". The capital letters, underlining, and bold are in the form used to disclose agency.
The next few words in the Minnesota agency disclosure define when to go over agency with a prospective client: "early in any relationship". Debates are conducted over what "early in any relationship" means. Is it before you hold hands and kiss? Oh, I forgot! That's not the relationship we're discussing here. When the agent is conducting an open house, does the agent have to explain agency to every looky-lou that comes through the door? What about when someone calls on the agent's own listing. Do they have to explain agency when they show their St. Paul listing to a prospective buyer? When a relocation customer comes into town, should the agent have sent the agency disclosure to the prospective client ahead of time? When IS "early in any relationship"?
For me, early is the first time I meet a prospective client. If it's in my own listing, I explain to the prospective buyer that I represent the seller and any information they share with me will be shared with the seller. My agency disclosure in that situation is a warning to keep anything that they want private to themselves. Some home sellers have asked why other agents they interviewed did not go through the agency disclosure with them like I did. That question has to be asked of the other agents. Maybe their definition of "early" is different from mine.
The best definition of "early" was shared with me by a colleague. Her definition of "early" is any time when either home price, motivation, or terms are discussed with the prospective client. In meeting with a prospective home buyer, one of the first questions asked is usually, "Have you been pre-qualified for a mortgage and how much do you want to spend for your house?" Ooops, there's that price question. When meeting with a prospective home seller the first time, the seller always wants to discuss how much their home is worth. There's that price question again. Motivation is often discussed at a first meeting. Terms are often the topic of conversation as well.
Because so much information that impacts the transaction is shared in the first meeting with a home seller or home buyer, it's been my policy to go over the agency disclosure at that first meeting. Once the prospective clients understand their choices in agency representation, their housing needs can be discussed openly.
More information about agency is available here.