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Non-Binding Agency Disclosure
Real Estate Agency Disclosure and Election
Before a Seller/Landlord ("Seller") or Buyer/Tenant ("Buyer") enters into a discussion with a real estate broker or broker's salesperson ("Broker"), the Seller and the Buyer should understand what type of agency relationship or representation they will have with the Broker in the transaction. However, regardless of who the Broker represents in the transaction, the Broker shall exercise reasonable skill and care in the performance of the Broker's duties and shall be truthful and honest to both the Buyer and Seller.
THE DUTIES OF THE BROKER IN A REAL ESTATE TRANSACTION DO NOT RELIEVE THE SELLER OR THE BUYER FROM THE RESPONSIBILITY TO PROTECT THEIR OWN INTERESTS. THE SELLER AND THE BUYER SHOULD CAREFULLY READ ALL AGREEMENTS TO INSURE THAT THE DOCUMENTS ADEQUATELY EXPRESS THEIR UNDERSTANDING OF THE TRANSACTION.
- Buyer's Broker: A Broker other than the Seller's Broker can agree with the Buyer to act as the Broker for the Buyer. In these situations, the Buyer's Broker is not representing the Seller, even if the Buyer's Broker is receiving compensation for services rendered, either in full or in part, from the Seller or through the Seller's Broker.
- A Buyer's Broker has the fiduciary duties of loyalty, obedience, disclosure, confidentially, and accounting in dealings with the Buyer.
- Other potential Buyers represented by Broker may consider, make offers on, or acquire an interest in the same or similar properties as Buyer is seeking.
- Seller's Broker: A Broker under a listing agreement with the Seller acts as the Broker for the Seller only:
- A Seller's Broker has the fiduciary duties of loyalty, obedience, disclosure, confidentially, and accounting in dealings with the Seller.
- Other potential Sellers represented by Broker may list properties that are similar to the property that the Seller is selling.
- Broker Representing both Seller and Buyer (Limited Dual Representation): A Broker, either acting directly or through one or more licenses within the same brokerage firm, can legally represent both the Seller and the Buyer in a transaction, but only with the knowledge and informed consent of both the Seller and the Buyer. In these situations, the Broker represents both the Buyer and the Seller, with limitations of the duties owed to the Buyer and the Seller:
- The Broker will not, without written authorization, disclose to the other party that the Seller will accept a price or terms other than stated in the listing or that the Buyer will accept a price or terms other than offered.
- There will be conflicts in the duties of loyalty, obedience, disclosure and confidentiality. Disclosure of confidential information may be made only with written authorization. However, Broker shall disclose all known facts which materially and adversely affect the consideration to be paid by any party.
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