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It is important that you know the differences
between a professional who represents a Seller (the "traditional" role
of a sales associate), a professional who represents a Buyer,
and one who represents both. In most areas, real estate professionals
are now legally obliged to disclose, in writing, information
on the various types of real estate agency relationships that
exist. You should assume the real estate professional is working
for the Seller unless otherwise stated.
- Seller's Agent -
A real estate professional becomes a Seller's Agent by entering
into a listing agreement to represent the Seller's interests.
Seller representation may also be created when a real estate
professional shows a property on the Multiple Listing Service
and "Buyer
agency" has not been created. The Seller's Agent can provide
information to assist the Buyer, but they must place the interests
of the Seller first. A Buyer should not disclose anything to
the Seller's Agent they do not want the Seller to know.
- Buyer's Agent - A real
estate professional becomes the Buyer's Agent by entering into
an agreement to represent the Buyer. A Buyer's Agent can assist
the Seller, but does not represent the Seller. The Buyer's
Agent must place the interests of the Buyer first. A Seller
should not tell the Buyer's Agent anything they would not want
the Buyer to know, because the Buyer's Agent must disclose
any pertinent information to the Buyer.
- Dual Agent -
Dual agency occurs when a real estate professional represents
both the Seller and the Buyer. It can also occur when the
Listing or Seller's Agent works for the same real estate
firm as the Buyer's Agent. In most states, the Buyer, the
Seller, and the Agent must agree in writing for the creation
of dual agency. The Dual Agent is required to treat the Buyer
and Seller honestly and impartially. In dual agency, the
professional's duties are more limited and there is potential
for conflict of interest. You may hear the terms "transaction broker" and "intermediary" in
association with dual agency.
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