Agency
Who is representing you and acting in your best interest?
One of the first decisions to be made on your first meeting with a Realtor will be deciding Agency
There are 3 types of Agency -
1. Seller's Broker: A broker under a listing agreement with the Seller acts as the broker for the Seller only.
Has fiduciary duties of loyalty, obedience, disclosure, confidentiality and accounting in dealings with the Seller
2. Buyer's Broker: Agrees with the Buyer to act as the broker to the Buyer. Has fiduciary duties of loyality,
obedience, disclosure, confidentiality and accounting in dealings with the Buyer.
3. Dual Agency: Occurs when one broker or two salespeople within the same brokerage firm, represent both
the buyer and the seller in a real estate transaction. Dual representation is lawful with prior written
consent. Dual representation involves inherent conflicts (disclosure of any confidential information that
would place one party at an advantage over the other party such as price, financing terms, repairs or motivation). The broker(s) attempts to serve two clients, both of whom have an interest in completing a
real estate transaction on the best terms possible. Therefore, difficult questions often arise.
After termination of an agency relationship, the fiduciary duty is ended. However, confidential information must remain confidential after the termination.

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