Bartos Group BLOG

A recent conversation between Mary Bartos with the Bartos Group of Premiere Plus Realty and Emily Kettenburg clarifies a topic that confuses many buyers and sellers: real estate representation. Changes in law and high-profile lawsuits have pushed agency relationships into the spotlight. For anyone buying or selling property, especially in Southwest Florida, understanding how representation works is essential to protecting one of life’s largest investments.

Why Real Estate Representation Matters Now

Real estate representation affects who advocates for a client’s interests, who negotiates on their behalf, and how confidential information is handled. Recent legal developments have made it clearer that consumers must know whether an agent represents the buyer, the seller, or serves as a transaction broker. Mary Bartos and Emily Kettenburg discuss real examples where incoming buyers assumed they were represented only to learn the agent said, “we represent the house.” That disconnect can lead to missed protections and unexpected outcomes at contract time.

What is Real Estate Representation?

At its core, real estate representation defines the legal and ethical relationship between an agent and a consumer. The main models are:

• Seller’s agent: Represents the seller exclusively, negotiates offers on the seller’s behalf, and owes fiduciary duties to the seller.
• Buyer’s agent: Represents the buyer exclusively, advocates for buyer interests during offer, inspection, and closing.
• Transaction broker: Facilitates the transaction without exclusive fiduciary representation to either party; often described as “representing the house.”

When buyers or sellers understand their options for real estate representation up front, they can choose the relationship that best protects their goals. Emily points out that buyers are often making one of the largest financial decisions of their lives and deserve clear advocacy through the process—not just someone who opens doors.

Practical Steps Agents Should take

Mary Bartos and Emily Kettenburg recommend a few simple, practical steps agents should implement to protect consumers and prevent misunderstandings:

1. Disclose agency early: Tell potential clients how you are representing them before showing properties or discussing negotiation strategy.
2. Use written agreements: A clear buyer or seller representation agreement clarifies duties, confidentiality, and commission expectations.
3. Educate clients: Explain the differences between buyer’s agent, seller’s agent, and transaction broker in plain language.
4. Act as an advocate: Go beyond opening doors—help clients through inspections, negotiations, and closing logistics.

These practices strengthen trust and reduce the risk that a buyer will arrive at contract time without meaningful advocacy.

What Buyers Should Ask Right Away

A few direct questions can make a big difference when buying a home:

• Who do you represent? Ask this at open houses and before sharing financial details.
• Will I have a written buyer’s agency agreement? If you want a buyer’s agent, insist on a written document that outlines duties.
• How will negotiations and disclosures be handled? Make sure your agent explains confidentiality and negotiating strategy.

Why Buyers Deserve Representation

Representation is more than a title. It is the promise that someone will push for the best terms, review contingencies, coordinate inspections, and shepherd the file to closing. Emily emphasizes that buyers deserve representation because the transaction often involves a major family asset and long-term financial consequences. When agents officially represent buyers, they can act boldly in negotiations and protect sensitive information.

How the Legal Landscape is Shaping Practice

Lawsuits and regulatory scrutiny, including high-profile cases originating in other states, have prompted a reevaluation of how agency relationships are disclosed and enforced. The silver lining is clearer expectations: consumers now get a more obvious choice about real estate representation. Firms and teams that prioritize transparent representation are better positioned to serve clients and avoid legal exposure.

Tips for Choosing an Agent in Southwest Florida

For buyers and sellers in Marco Island, Naples, and the surrounding Southwest Florida region, Mary Bartos and Emily Kettenburg recommend:

• Interview multiple agents: Ask about their approach to representation and read sample agreements.
• Choose teams with support systems: Teams that include marketing, transaction coordination, and local experts help eliminate workflow gaps.
• Ask for references: Client testimonials about negotiation outcomes and communication matter more than flashy listings.

Representation and Commissions: Common Concerns

Buyers often wonder whether having representation changes the commission structure. The answer depends on local practices and the listing agreement. Representation should never be avoided out of fear of additional cost. A clear written agreement explains compensation, ensuring there are no surprises and that the agent’s responsibilities are spelled out.

How Teams Like The Bartos Group Approach Representation

Teams that combine local market knowledge with disciplined transaction management provide meaningful protection for clients. Mary Bartos highlights the importance of an experience department that manages everything from deposits and inspections to contingency deadlines and repairs. When agents treat representation as a full-service commitment, clients move through the process with far fewer headaches.

FAQ

What is the difference between a buyer’s agent and a transaction broker?

A buyer’s agent represents the buyer’s interests exclusively and owes fiduciary duties such as loyalty and confidentiality. A transaction broker facilitates the transaction without exclusive representation to either party. Buyers who want advocacy should seek a buyer’s agent and sign a written agreement.

Can a buyer have representation in Florida?

Yes. Buyers can and should request buyer representation. While the transaction broker model is common in Florida, buyers have the right to ask for a buyer’s agent and to sign a representation agreement.

What should a buyer ask at an open house?

Ask who the agent represents, whether they will sign a buyer’s agency agreement, and how they handle negotiations and disclosures. If the agent represents the seller or is a transaction broker, consider contacting your own buyer’s agent before sharing financial details.

Will having representation increase my costs?

Not necessarily. Commission arrangements vary. A written representation agreement clarifies compensation and prevents surprises. Representation often saves money by avoiding costly mistakes and negotiating better terms.

Can I change my representation during a transaction?

Changing representation is possible but can be complex depending on signed agreements and the transaction stage. Discuss options with legal counsel or your new agent to understand obligations and timelines.

What documents should I receive to confirm representation?

A written buyer’s or seller’s representation agreement that outlines duties, compensation, duration, and confidentiality. Always get this in writing before sharing sensitive information.

Final Thoughts

Real estate representation is not a bureaucratic checkbox. It determines who will advocate for the client’s goals and how the transaction will be handled. By asking the right questions, demanding written agreements, and choosing teams that prioritize full-service representation, buyers and sellers protect their interests. Mary Bartos and Emily Kettenburg’s conversation is a reminder that clarity and advocacy are the foundations of a successful real estate experience.

If someone is buying or selling in Southwest Florida and wants to understand real estate representation or needs help choosing the right relationship, specialists with local experience can guide those decisions from offer to closing.