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Definitions Of A Real Estate
Brokerage Relationships
Buyer's
Agent: A Buyer's Agent is engaged
as a limited agent and works SOLELY on behalf of the
buyer.
- Owes duties to the buyer which
include the utmost good faith, loyalty and
fidelity; - Will negotiate on behalf of and act as an
advocate for the buyer; - Must disclose to potential
sellers all adverse material facts concerning the
buyer's financial ability to perform the terms of the
transaction and whether the buyer intends to occupy the
property.
-Buyer shall not be vicariously liable
for the acts of Broker that are not approved, directed
or ratified by Buyer.
-A separate written buyer agency
agreement is required which sets forth the duties and
obligtions of the parties.
Seller's Agent: A Seller's
Agent is engaged as a limited agent and works SOLELY on
behalf of the seller.
- Owes duties to the seller which
include the utmost good faith, loyalty and
fidelity; - Will negotiate on behalf of and act as an
advocate for the seller; - Must disclose to potential
buyers or tenants all adverse material facts about the
property actually known by the broker.
-Seller shall not be vicariously liable
for the acts of Broker that are not approved, directed,
or ratified by Seller.
-A separate written listing agreement
is required which sets forth the duties and obligations
of the parties.
Transaction Broker: A
transaction broker assists the buyer or seller or both
throughout a real estate transaction with communication,
advice, negotiation, contracting and closing without
being an agent or advocate for any of the parties;
- A transaction broker does owe the
parties a number of statutory obligations and
responsibilities, including using reasonable skill and
care in the performance of any oral or written
agreement;
- Must also make the same disclosures
as agents about adverse material facts concerning
property or a buyer's financial ability to perform the
terms of a transaction and whether the buyer intends to
occupy the property.
-The Parties to a transaction are not
legally responsible for the actions of a
transaction-broker and a transaction-broker does not owe
those parties the duties of an agent. No written
agreement is required.
-No written agreement is required.
Customer: A
customer is a party to a real estate transaction with
whom the broker has no brokerage relationship because
such party has not engaged or employed the broker,
either as the party's agent or as the party's
transaction broker.
Client: A
client is a party to a real estate transaction with whom
the broker has a brokerage relationship because such
party has engaged or employed the broker as either an
agent or a transaction
broker.
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