The Agent as a Seller's Agent
A Seller's agent, under a listing agreement with the Seller, acts
as the agent for the Seller only. A Seller's agent of a subagent
of the Seller has the following affirmative obligations to the
Buyer:
a) A duty of good faith, fair dealing and honesty in fact.
b) A duty to disclose all defects known to the agent materially
affecting the value,
desirability of condition of the property, or known legal defects
pertaining
to the property.
The Agent as a Buyer's Agent
An agent can, with a Buyer's consent, agree to act as the agent
for the Buyer only. In these situations, the agent may receive
compensation for services rendered, either in full or in part
from the Seller. An agent acting only for a Buyer has the following
affirmative obligations to the Buyer:
a) A fiduciary duty of utmost good faith, integrity, honesty
in fact, and loyalty in dealings with the Buyer.
b) Exercise of reasonable skill and care in performance of the
agent's duties.
c) A duty of good faith, fair dealing and honesty in fact.
d) A duty to disclose all defects known to the agent materially
affecting the value, desirability or condition of the property,
or known legal defects pertaining to the property.
The Agent as a Joint Agent (for both Seller & Buyer)
A real estate agent may act as an agent of both the Seller and
Buyer but only with the knowledge and written consent of both
the Seller and Buyer. In this "Joint Agency" relationship
the agent owes, to both the Seller and Buyer the agent may not,
without the express permission of the respective party:
a) Disclose to the Buyer that the Seller will accept a price
less than the listed price.
b) Disclose to the Seller that the Buyer will pay a price greater
than the price offered.
c) Disclose confidential information received from either party
to the other party other than material facts about the property.
THE ACTS OF THE AGENTS MAY CAUSE LEGAL LIABILITY
TO THE PRINCIPALS.
A REAL ESTATE LICENSEE IS QUALIFIED TO ADVISE ON REAL ESTATE.
IF YOU DESIRE LEGAL ADVISE, CONSULT A LAWYER, FOR TAX ADVISE CONSULT
AN ACCOUNTANT. FOR BUILDING OR STRUCTURAL ADVISE CONSULT AND
INSPECTOR/ENGINEER.
Back
to the intro page