Disclosure Regarding Agency Relationships (As Required by Alaska Statute 08.88.396)

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