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Rick Nasset
Principal Broker
503 409 1799
Fax 503 961 0504

3448 Peck Ave. SE
 Salem, Oregon 97302





It is my privilege to be of service to you.  If I can help you with any of your Salem Oregon area real estate needs, please give me a call!!

Salem Oregon Real Estate
Site Guide

What Buyers Should Know when Dealing
with a Real Estate Agent

Who does the real estate agent represent? 

Typically the broker represents the seller.

Any real estate agent, who listed the property that they are advertising for sale, represents the seller of that property.  That makes them the Sellers Agent.  As a Sellers Agent it is their responsibility to get the highest possible price for that property.  Unless you have a written agreement with an agent, who is going to show you the property, you cannot be sure whether or not they are really working for the Seller.

Be cautious. Do not reveal too much personal information, when working with a seller's broker. Disclosing financial information or information regarding your urgency to make a deal may undermine your bargaining position when the broker conveys it to the seller. 

Buying a home?

Woman's Day Magazine Suggests you call Buyer's Broker

"Get a broker on your side. In most states, real-estate agents work for the seller, not the buyer. This means that the agent wants to get the seller the best price possible. Using a buyer's broker, who has your best interest in mind, may help you shave thousands off a home's purchase price, mortgage or various other costs, and there is no fee to the consumer."

  • When a homeowner is selling a home, and  enters into a listing contract with a real estate broker to sell that home, the broker becomes their agent. The broker is legally required to act in the sellers best interests, to follow their instructions, and to obtain for them, the highest possible price for their property.
  • But, when you're the BUYER of that house, and you work with that listing agent, that agent is still trying to get the highest possible price for the seller. The broker is required to act in an honest and fair way with you, however, the broker's loyalty, without other disclosure, is focused on obtaining the best deal for the seller!
  • When you, the BUYER, sign a contract with a Buyer's Broker, that broker becomes your agent. He represents your best interests in the real estate transaction.  A buyer's broker is legally required to represent your best interests, to follow your instructions, and to obtain for you, at the best possible price  and terms, the property which you want to purchase.
  • What does a buyer's agent do?


  • Represents only the buyer in every part of the purchase process.
  • Provides the buyer professional advice and guidance in finding the right property at the right price.
  • Previews properties to ensure they meet the buyer's requirements.
  • Researches the property, seller, and market conditions, so the buyer can purchase at the best price.
  • Provides an honest analysis of each property, including both good and bad points.
  • Assists in preparing an offer to purchase the property with terms favorable to the buyer.
  • Professionally presents the offer to purchase to the seller.
  • Negotiates with the seller to obtain the property at the best price and terms for the buyer.
  • Provides the buyer with an estimate of the costs involved in the transaction.
  • Assists the buyer in contacting the professionals necessary to complete the purchase, including mortgage services, title insurance and escrow companies, and home inspectors.
  • Monitors performance of all others involved in the transaction to make sure all services are promptly and professionally carried out.
  • Accompanies buyer to the closing conference to verify that all terms and conditions of the purchase agreement are met.

How does a buyer's agent get paid?


The buyer's agent is generally paid from the transaction commission. This is the same commission the seller agrees to pay his listing broker. Because listing brokers agree to pay a "co-op" fee to any broker who obtains a buyer for the seller's property. This is the same commission amount that would be paid to any real estate agent who obtained a buyer for the seller's property. So it doesn't cost the buyer any more to be legally represented by a buyer's agent. In fact, many times it will cost the buyer less, because the buyer's agent is working to get the property at the lowest possible price for the buyer!

Bottom Line

If you don't have an agent working for YOU, he or she is working for the Seller.

If you a are not presently being represented by an agent (under a written Buyer's Broker Agreement with that agent) and have any further questions about being represented by me as your exclusive agent, please do not hesitate to give me a call. 

                            REPRESENTATION OF BOTH BUYER AND SELLER 

INITIAL AGENCY DISCLOSURE PAMPHLET ORS 696.815 (1) authorizes a real estate licensee to represent both the seller and the buyer in a real estate transaction under a disclosed limited agency agreement, provided there is full disclosure of the relationship under the agreement. Oregon Administrative Rules (OARs) adopted by the Agency provide the form and content of the disclosures and the related pamphlet. OAR 863-015-0215 is set forth below for the convenience of licensees. The material after the broken line can be copied and used as the required Initial Agency Disclosure Pamphlet. 863-015-0215 Initial Agency Disclosure Pamphlet 

(1) An agent shall provide a copy of the Initial Agency Disclosure Pamphlet provided for in section (4) of this rule at first contact with each represented party to a real property transaction, including but not limited to contacts in-person, by telephone, over the Internet or World Wide Web, or by electronic mail, electronic bulletin board or a similar electronic method. 

(2) An agent need not provide a copy of the Initial Agency Disclosure Pamphlet to a party who has, or may be reasonably assumed to have, already received a copy of the pamphlet from another agent. 

(3) "First contact with a represented party" means contact with a person who is represented by a real estate licensee or can reasonably be assumed from the circumstances to be represented or seeking representation. (4) The Initial Agency Disclosure Pamphlet shall be printed in substantially the following form: --------------------------------------------------------------------------------------------------------- 


This pamphlet describes agency relationships and the duties and responsibilities of real estate licensees in Oregon. This pamphlet is informational only and neither the pamphlet nor its delivery to you may be construed to be evidence of intent to create an agency relationship. Real Estate Agency Relationships An "agency" relationship is a voluntary legal relationship in which a real estate licensee (the "agent") agrees to act on behalf of a buyer or a seller (the "client") in a real estate transaction. 

Oregon law provides for three types of agency relationships between real estate agents and their clients: 

Seller's Agent -- Represents the seller only; 

Buyer's Agent -- Represents the buyer only; 

Disclosed Limited Agent -- Represents both the buyer and seller, or multiple buyers who want to purchase the same property. This can be done only with the written permission of both clients. The actual agency relationships between the seller, buyer and their agents in a real estate transaction must be acknowledged at the time an offer to purchase is made. Please read this pamphlet carefully before entering into an agency relationship with a real estate agent. 

Duties and Responsibilities of an Agent Who Represents Only the Seller or Only the Buyer Under a written listing agreement to sell property, an agent represents only the seller unless the seller agrees in writing to allow the agent to also represent the buyer. 

An agent who agrees to represent a buyer acts only as the buyer's agent unless the buyer agrees in writing to allow the agent to also represent the seller. 

An agent who represents only the seller or only the buyer owes the following affirmative duties to their client, other parties and their agents involved in a real estate transaction: 

1. To exercise reasonable care and diligence; 

2. To deal honestly and in good faith; 

3. To present all written offers, notices and other communications in a timely manner whether or not the seller's property is subject to a contract for sale or the buyer is already a party to a contract to purchase; 

4. To disclose material facts known by the agent and not apparent or readily ascertainable to a party; 

5. To account in a timely manner for money and property received from or on behalf of the client; 

6. To be loyal to their client by not taking action that is adverse or detrimental to the client's interest in a transaction; 

7. To disclose in a timely manner to the client any conflict of interest, existing or contemplated;  

8. To advise the client to seek expert advice on matters related to the transactions that are beyond the agent's expertise; 

9. To maintain confidential information from or about the client except under subpoena or court order, even after termination of the agency relationship; and 

10. When representing a seller, to make a continuous, good faith effort to find a buyer for the property, except that a seller's agent is not required to seek additional offers to purchase the property while the property is subject to a contract for sale. 

When representing a buyer, to make a continuous, good faith effort to find property for the buyer, except that a buyer's agent is not required to seek additional properties for the buyer while the buyer is subject to a contract for purchase or to show properties for which there is no written agreement to pay compensation to the buyer's agent. 

None of these affirmative duties of an agent may be waived, except #10, which can only be waived by written agreement between client and agent. Under Oregon law, a seller's agent may show properties owned by another seller to a prospective buyer and may list competing properties for sale without breaching any affirmative duty to the seller. Similarly, a buyer's agent may show properties in which the buyer is interested to other prospective buyers without breaching any affirmative duty to the buyer. Unless agreed to in writing, an agent has no duty to investigate matters that are outside the scope of the agent's expertise. 

Duties and Responsibilities of an Agent Who Represents More than One Client in a Transaction One agent may represent both the seller and the buyer in the same transaction, or multiple buyers who want to purchase the same property only under a written "Disclosed Limited Agency" agreement, signed by the seller, buyer(s) and their agent. 

When different agents associated with the same real estate firm establish agency relationships with different parties to the same transaction, only the principal broker (the broker who supervises the other agents) will act as a Disclosed Limited Agent for both the buyer and seller. The other agents continue to represent only the party with whom the agent already has an established agency relationship unless all parties agree otherwise in writing. 

The supervising principal broker and the agents representing either the seller or the buyer have the following duties to their clients: 

1. To disclose a conflict of interest in writing to all parties; 

2. To take no action that is adverse or detrimental to either party's interest in the transaction; and  

3. To obey the lawful instruction of both parties. An agent acting under a Disclosed Limited Agency agreement has the same duties to the client as when representing only a seller or only a buyer, except that the agent may not, without written permission, disclose any of the following: 

1. That the seller will accept a lower price or less favorable terms than the listing price or terms; 

2. That the buyer will pay a greater price or more favorable terms than the offering price or terms; or 

3. In transactions involving one-to-four residential units only, information regarding the real property transaction including, but not limited to, price, terms, financial qualifications or motivation to buy or sell. 

No matter whom they represent, an agent must disclose information the agent knows or should know that failure to disclose would constitute fraudulent misrepresentation. Unless agreed to in writing, an agent acting under a Disclosed Limited Agency agreement has no duty to investigate matters that are outside the scope of the agent's expertise. 

You are encouraged to discuss the above information with the agent delivering this pamphlet to you. If you intend for that agent, or any other Oregon real estate agent, to represent you as a Seller's Agent, Buyer's Agent, or Disclosed Limited Agent, you should have a specific discussion with him/her about the nature and scope of the agency relationship. 

Whether you are a buyer or seller, you cannot make a licensee your agent without their knowledge and consent, and an agent cannot make you their client without your knowledge and consent.