Seller's Agent
The seller’s agent represents the seller only, so the buyer may be either unrepresented or represented by another agent. The seller’s agent is responsible for performing the following duties:
- Promoting the interests of the seller with utmost good faith, loyalty and fidelity.
- Protecting the seller’s confidences, unless disclosure is required.
- Presenting all offers in a timely manner.
- Advising the seller to obtain expert advice.
- Accounting for all money and property received.
- Disclosing to the seller all adverse material facts about the buyer that the agent knows.
- Disclosing to the buyer all adverse material facts actually known by the agent, including:
- Environmental hazards affecting the property that are required to be disclosed.
- The physical condition of the property.
- Any material defects in the property, or in the title to the property.
- Any material limitation on the seller’s ability to complete the contract.
The seller’s agent has no duty to:
- Conduct an independent inspection of the property for the benefit of the buyer; or
- Independently verify the accuracy or completeness of any statement by the seller or any qualified third party.
Seller's Designated Agent
The designated agent is a seller’s agent who has been designated by the broker to represent the seller to the exclusion of all other licensees affiliated with the firm. The designated agent performs all the duties of a seller’s agent, while the other agents in the firm perform the duties of a transaction broker, unless they have a buyer agency agreement.
Transaction Broker
The transaction broker is not an agent for either party, so the transaction broker does not advocate the interests of either party. The transaction broker is responsible for performing the following duties:
- Protecting the confidences of both parties, including the following information:
- The fact that a buyer is willing to pay more.
- The fact that a seller is willing to accept less.
- The factors that are motivating any party.
- The fact that a party will agree to different financing terms.
- Any information or personal confidences about a party that might put the other party at an advantage.
- Exercising reasonable skill and care.
- Presenting all offers in a timely manner.
- Advising the parties regarding the transaction.
- Suggesting that the parties obtain expert advice.
- Accounting for all money and property received.
- Keeping the parties fully informed.
- Assisting the parties in closing the transaction.
- Disclosing to the buyer all adverse material facts actually known by the transaction broker, including the following:
- Environmental hazards affecting the property that are required to be disclosed.
- The physical condition of the property.
- Any material defects in the property or in the title to the property.
- Any material limitation on the seller’s ability to complete the contract.
- Disclosing to the seller all adverse material facts actually known by the transaction broker, including all material facts concerning the buyer’s financial ability to perform the terms of the transaction.
The transaction broker has no duty to:
- Conduct an independent inspection of the property for the benefit of any party.
- Conduct an independent investigation of the buyer’s financial condition.
- Independently verify the accuracy or completeness of statement made by the seller, buyer or any qualified third party.
To The Customer:
Statement of Representation -- Do not assume that an agent is acting on your behalf, unless you have signed a contract with the agent’s firm to represent you.
As a customer, you represent yourself. Any information that you, the customer, disclose to the agent representing another party will be disclosed to that other party.
Even though licensees may be representing other parties, they are obligated to treat you honestly, give you accurate information, and disclose all known adverse material facts.
Plaza Real Estate, Inc. Policy -- This firm authorizes its agent to act as a:
- Designated Seller’s Agent
- Designated Buyer’s Agent
- Transaction Broker
Unless agreed differently in the listing agreement, the following is Plaza Real Estate, Inc.’s policy on offering cooperation and compensation to other agents.
Offer cooperation and compensation to:
- Designated Seller’s Agents
- Designated Buyer’s Agents
- Buyer’s Agents
- Transaction Brokers
The information above is provided to give an understanding of our firms policy. It is not a contract.
Plaza Real Estate, Inc.
© Copyright 2004 by Frank & Laurie Priest