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Type of real estate brokers:
- SELLER'S AGENT
When a seller engages
in the services of a listing broker, that seller becomes the
broker's client. This means the broker, and his/her subagents
represent the seller. They owe the seller undivided loyalty,
utmost care, disclosure, obedience to lawful instruction, confidentiality
and accountability. They must put the seller's interest first
and negotiate for the best price and terms for their client,
the seller (the seller may also authorize subagents to represent
him/her in marketing the property to buyers).
- BUYER'S AGENT
When a buyer engages
in the services of a broker then that broker becomes the broker's
client. The broker owes the buyer undivided loyalty, utmost care,
disclosure, obedience to lawful instruction, confidentiality
and accountability. They must put the buyer's interest first
and negotiate for the best price and terms for their client,
the buyer. (The buyer may also authorize subagents to represent
him/her in locating property).
- DISCLOSED DUAL AGENT
A broker can work for
both the buyer and the seller on the same property provided the
broker obtains the informed consent of both parties. The broker
is then considered a disclosed dual agent. This broker owes the
seller and the buyer a duty to deal with them fairly and honestly.
In this type of agency relationship the broker does not represent
either the seller or buyer exclusively and they cannot expect
the broker's undivided loyalty. Also, undisclosed dual agency
is illegal.
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