Think of this document as our official "team-up" agreement. It's a standard Wisconsin form that makes you my client and lays out how I'll work for you to find your new home. Let's walk through it in plain English. Here is a blank copy.(https://dsps.wi.gov/Documents/BoardCouncils/REB/Forms/WB-36.pdf)
What This Agreement Does
At its heart, the WB-36 Buyer Agency Agreement is a contract that hires my brokerage firm to represent you. By signing this, you become our client. This is important because it means we have a legal duty to work in your best interest, keep your information confidential, and negotiate on your behalf. It's like hiring an expert to be in your corner. 🤝
Key Sections Explained
Let's break down the most important parts of the agreement.
Exclusive Agreement & Exclusions
• Exclusive Authority (Lines 1-4): This part says you're hiring our firm exclusively for a set period. It just means that while we're working together, you agree not to have another agent looking for properties for you. This ensures we can put our full effort into your search without any confusion.
• Excluded Properties (Lines 14-29): This is your safety net. If there's a specific house you've already been talking to the owner about, or if you were working with another agent on certain properties, we can list them here. By "excluding" them, our agreement doesn't apply to those specific properties, which protects you from potentially owing a commission to two different agents.
How Your Agent Gets Paid (Compensation)
This section details how my firm is compensated for our work. It's fully negotiable.
• Commission (Lines 32-45): Our commission is typically a percentage of the final purchase price. The good news is, you often don't pay this directly.
• Payment by the Seller (Lines 53-56): We are authorized to be paid by the seller or the seller's real estate firm. This is the most common way it works. If the seller offers a commission that covers our agreed-upon fee, you pay nothing extra. If the seller's offer is less than what we agreed to in this contract, you would only be responsible for paying the difference.
• When It's Earned vs. Paid: Our commission is technically "earned" when you have an accepted contract on a property. It then becomes "due and payable" on the day of closing.
Our Duties and Yours
• Our Duties (Lines 66-68 & 78-102): As your agent and client, we owe you a high level of duty. This includes loyalty, providing advice, negotiating for you, and not putting our interests ahead of yours. We'll also disclose all known material facts about a property, not just the bad stuff.
• Your Duties (Lines 69-77): We ask that you cooperate with us by being reasonably available for showings and providing necessary documents. Most importantly, if you visit an open house or see a "For Sale by Owner" sign, please let them know you're working with me and refer them to me. This protects you and ensures all communication goes through the proper channels.
Representation & Confidentiality
This is a big one, as it defines our relationship and how we handle information.
• Multiple Representation (Lines 106-134): What happens if you fall in love with a home that my firm is also the listing agent for? This is called "multiple representation." You have three choices:
1. Designated Agency: This is the most common choice. It means our firm can represent both you and the seller, but a different agent in our office will represent the seller, and I will continue to represent only you. I can still give you advice and negotiate for you.
2. Multiple Representation without Designation: Our firm (and sometimes even the same agent) represents both parties but must act as a neutral facilitator. We can't give advice or an opinion that favors one side over the other.
3. Reject Multiple Representation: You can say that you don't want our firm to represent both sides. If you choose a house we've listed, you would have to find a different agent from a different firm to write the offer.
• Confidentiality (Lines 145-156): This is simple: your secrets are safe with us. Whatever you tell us in confidence—like the maximum price you're willing to pay—we must keep confidential, even after our agreement ends. The only exception is that we are required by law to disclose "Material Adverse Facts" (e.g., a leaky basement).
Length of Contract:
• Term of the Agreement (Lines 288-289): This is where we set the start and end dates for our agreement.
• Termination (Lines 234-242): Because this is a legal contract, neither of us can just walk away without a valid reason, like a material breach of contract.
This agreement makes our partnership official and ensures I can fully represent your best interests. Please let me know what questions you have!