Agency

When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction.

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 or a subagent of that agent has the following affirmative obligations:

To the Seller:

• A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller.

To the Buyer and the Seller:

• Diligent exercise of reasonable skill and care in performance of the agent's duties.
• A duty of honest and fair dealing and good faith.
• A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of the parties.

An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.

BUYER'S AGENT

A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement 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 fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer.

To the Buyer and the Seller:

• Diligent exercise of reasonable skill and care in performance of the agent's duties.
• A duty of honest and fair dealing and good faith.
• A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of the parties.

An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.

AGENT REPRESENTING BOTH SELLER & BUYER

A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.

In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer.

• A fiduciary duty of utmost care, integrity, honesty, and loyalty in the dealings with either Seller or the Buyer.
• Other duties to the Seller and the Buyer as stated above in their respective sections.

In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered.

CONCLUSION

The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.

Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction.

Disclosure Form:

This Disclosure form must be provided in a listing, sale, exchange, installment land contract, or lease over one year, if the transaction involves one4o4our dwelling residential property, including a mobile home, as follows:

• From a Listing Agent to a Seller: Prior to entering into the listing.
• From an Agent selling a property he/she has listed to a Buyer: Prior to the Buyer's execution of the offer.
• From a Selling Agent to a Buyer: Prior to the Buyer's execution of the offer.
• From a Selling Agent (in a cooperating real estate firm) to a Seller: Prior to presentation of the offer to the Seller.

It is not necessary or required to confirm an agency relationship using a separate Confirmation form if the agency confirmation portion of the Real Estate Purchase Contract is properly completed in full. However, it is still necessary to use this Disclosure form.

Articles Agency Who works for whom? Buying Get your ducks in a row. Home Inspections Never buy a home without one. Points vs. Rates How does one shop for mortgages in a market full of disinformation? FICO Scores Single most important aspect of obtaining a home loan. Selling It's what you do before you sell that makes the difference. Taking Title Who gets what when?

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The Scottsdale Real Estate Report is published by:

Jeff Kalina
RE/MAX Excalibur
15160 North Hayden Road
Scottsdale, AZ  85260
Direct - (602) 625-4222
jeff@southwestrealestate.com

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