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DISCLAIMER
The information provided on the this web site
is for informational purposes and to assure easy access. Prices cited are listed
as of the date of posting, they may decrease or increase as the market changes.
Please contact out office for current prices and information.
The information contained in this Disclosure
is correct to the best of Seller's CURRENT ACTUAL KNOWLEDGE as of the above
date. The prospective buyer and the owner may wish to obtain professional advice
or inspections of the property and provide for appropriate provisions in a
contract between them concerning any advice, inspections, defects, or warranties
obtained on the property.
Duties and Responsibilities of an Agent
Who Represents Only the Seller or Only the
Buyer
Under a written listing agreement to sell
property, an agent represents only the seller unless the seller agrees in
writing to allow the agent to also represent the buyer. An agent who agrees to
represent a buyer acts only as the buyer's agent unless the buyer agrees in
writing to allow the agent to also represent the seller. An agent who represents
only the seller or only the buyer owes the following affirmative duties to their
client, other parties and their agents involved in a real estate transaction:
1. To exercise reasonable care and diligence;
2. To deal honestly and in good faith;
3. To present all written offers, notices and
other communications in a timely manner whether or not the seller's property is
subject to a contract for sale or the buyer is already a party to a contract to
purchase;
4. To disclose material facts known by the
agent and not apparent or readily ascertainable to a party;
5. To account in a timely manner for money and
property received from or on behalf of the client;
6. To be loyal to their client by not taking
action that is adverse or detrimental to the client's interest in a transaction;
7. To disclose in a timely manner to the
client any conflict of interest, existing or contemplated;
8. To advise the client to seek expert advice
on matters related to the transactions that are beyond the agent's expertise;
9. To maintain confidential information from
or about the client except under subpoena or court order, even after termination
of the agency relationship; and
10. When representing a seller, to make a
continuous, good faith effort to find a buyer for the property, except that a
seller's agent is not required to seek additional offers to purchase the
property while the property is subject to a contract for sale. When representing
a buyer, to make a continuous, good faith effort to find property for the buyer,
except that a buyer's agent is not required to seek additional properties for
the buyer while the buyer is subject to a contract for purchase or to show
properties for which there is no written agreement to pay compensation to the
buyer's agent.
None of these affirmative duties of an agent
may be waived, except #10, which can only be waived by written agreement between
client and agent.
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