Here's something many buyers of real estate don't think about, but it's important. How do you want to relate to your real estate agent, as a customer or as a client? What's the difference?

Another way of looking at it is: Who is the agent representing -- me, the seller, or nobody? I'll help you answer that question.

You are automatically a customer when you contact an agent. If you want to be a client, you need a written agreement.

As a customer, you are not obligated to the agent in any legal sense. Neither is the agent legally obligated to you, but for obvious reasons the agent will try to help you and will be courteous and professional in relating to you.

The agent -- who can be the broker or one of the company's agents -- can show you properties and perform certain "ministerial acts" to assist you. The most important one of these acts is filling out your offer to buy a property and presenting it to the listing agent.

When you enter into a contract with a seller, the agent continues to assist you by cooperating with your mortgage lender and the attorney who will perform a title search on the property you are buying and close the purchase for you. And, of course, the agent is the conduit between you and the seller, and keeps the transaction moving toward a successful closing.

The agent does a lot to assist you as a customer. He or she receives no compensation until your purchase is closed, so it is in the agent's interest to help you get to closing.

We asked above, who is the agent representing? When the agent is showing you properties listed with his company, he or she is representing the seller. The agent's broker is in a contract, called a listing agreement, with the seller. So in that case the agent is automatically representing the seller and the seller's interest.

If the agent is showing you a property listed with another company or one not listed with any company, the agent is not representing anyone. He or she is working as a facilitator -- just trying to put a deal together.

What if you would like to be represented by the agent and the agent's broker? In that case, you and the agent must enter into a written agreement called an Exclusive Buyer Brokerage Agreement.

This agreement basically says that you will work exclusively with a certain agent. In return the agent will represent you and your interest in any negotiations with sellers. You will be the agent's (and the broker's) client rather than a customer only.

The agreement allows the agent to advise you about a property including such things as the property's condition, possible problems, things to ask the seller to repair or replace, a price to offer the seller, and other terms of your offer. Without a written agreement, the agent is not allowed to advise you.

Although sales commissions are usually paid by sellers, in the case of properties for sale by the owner there may be no agreement on who pays the commission. Your agent can negotiate payment of the commission with the seller, but if the seller refuses to pay the commission then you as the buyer will be responsible for it. This is a point to discuss with your agent if you enter into an agency agreement and become a client.

If you would like to talk about the differences between client and customer, just call or email Michael Dixon. The phone numbers are: (229) 924-3089 and (229) 939-2756. Email is: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You will not be "pressured" to do anything, I promise.