attica -
I've been licensed, and a Realtor, since 1988, and was asked to assist a buyer as a buyer's agent pretty shortly thereafter. When nationally recognized credentials became available, I got a CBR (Certified Buyer's Representative) designation. There's another one which was made available after CBR was created, called Acredited Buyer's Representative (ABR).
The whole Buyer Broker/Buyer Agent phenomenon really came about through consumer demand, and I think the education we agents received as a result has been a very good thing.
In my state (Vermont), after buyer agency became fairly common, the State Of VT passed legislation which essentially required agents to discuss "agency" (who represents whom etc etc etc) "at first substantial contact". Which, again, is a very good thing.
Let me answer your questions as best I can, but of course this may vary just a bit, because the laws of Agency vary.
1) Yes - For me to represent a buyer as a buyer's agent, there's a contract to be negotiated. But before I bring that out, I simply ask the prospective buyer to look over, and sign, a State of VT mandated form which is merely a disclosure. This lays out the various options available to consumers in the State of VT, and helps me frame a conversation about these issues. I've been in the business for quite a while, so I'm smart enough now to occasionally not even bring out the buyer agency paperwork. Sometimes I just discuss Agency, using the disclosure form and leave it at that. That's fairly rare, but if I sign a buyer agency contract I assume some fiduciary duties, and I don't take them lightly.
2) Yes - I can show you company listings as a buyer's agency. I spend some time discussing exactly how this works when I first sit down and meet a prospective buyer. It's partly a matter of office policy and partly a matter of the laws of Agency in VT.
3) It took a few years, but now Realtors in VT embrace buyer agency. In fact the great majority of buyers have a buyer agent now. Also - Listing Agents very very rarely show any resistance to buyer brokereage. I used to have to educate other agents, but I don't these days for the most part. Both buyers and sellers deserve representation, and most folks just understand this now.
4) Legally - Any licensed agent can act as a buyer's agent in VT.
5) Is there ever a good time to not use a buyer agent?
The short answer is no, in my opinion. But I strongly believe in the value of finding the right Realtor. You deserve somebody who's willing to work hard for you, has some experience, and with whom you feel comfortable. Being able to communicate easily with your agent is really crucial.
So if I were you, I'd ask for recommendations from friends and I'd interview 2 or 3 Realtors. Look for somebody who listens well and seems to enjoy discussing these questions about the process, and is willing to take time to be genuinely helpful. Ask the "what if" questions - like what if it's your company's listing? What about for sale by owner property? What if you, the agent, aren't available when I want to see the property? Ask how much of the Realtor's business consists of helping people in more-or-less your situation.
I really hope this helps!
David