Minnesota real estate license requirements and related regulations set high standards of conduct to make sure the clients of real estate agents get rigorous representation. These standards grow out of t he law of agency, a legal tradition rooted in 500 years of common law.

Most every real estate agent works tirelessly to meet those standards. And, truth be told, there are few agents who need rules to inspire them to look out for the interests of their clients.

There’s sense to this emphasis on advocacy. The modern real estate transaction, after all, can have as many points of possible conflict as as a law suit. That means there’s the same risk of things turning adversarial.    

That makes the emphasis on advocacy a good thing, right? You want the law to encourage agents to go to bat for his or her client.

The problem is that—unless a home buyer has a signed contract that says otherwise—you’re not the client. All that rigor and representation is going to the seller.

Let’s say you drive past a charming Victorian home. There’s a for sale sign in front bearing the photo of a smiling woman and a phone number. You call the agent and arrange a showing.

Or maybe you seek representation from the pleasant young man who appears on a bus stop bench. One fine Saturday afternoon he picks you up and takes you to see several houses.

How the Law Works Against You Continued >>