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General Resources______
20
Mistakes To Avoid | Code
of Ethics | Real
Estate Relationships | Broker,
Agent etc...
Why use a REALTOR®?
Real Estate Relationships Explained
All
REALTORS® are required to explain the nature of their
relationship with all parties whom they contact in connection
with a Real Estate transaction. This is often referred to as
"Agency Disclosure" since the REALTOR must establish
and disclose whether you will be their "Client" or
their "Customer". There are substantial differences in
the duties owed and the services provided to Clients and
Customers, and you should be familiar with your options before
committing to either.
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| Definitions: |
- Agent:
While the term "Agent" is not specific to the Real
Estate industry, most Real Estate Salespeople, Brokers and
REALTORS act as Agents when conducting business. An Agent is
commonly defined as any person who represents another person
in a business transaction.
- Fiduciary:
A person in a position of trust and confidence who must put
the interests of another person (their client) above all
others.
- Client:
Often referred to as a Principal, a Client is a person who
asks an Agent to act on his or her behalf during the
purchase, sale, exchange or rental of a property or
business. An Agent owes their clients full fiduciary duties,
such as loyalty, confidentiality, accountability, duty of
care, obedience to all lawful instructions, and full
disclosure of all pertinent facts.
- Customer:
A customer is a person who has not retained an Agent to work
on his or her behalf. While a customer does not enjoy the
fiduciary duties and benefits of the Client-Agent
Relationship, they are nevertheless entitled to be treated
fairly, honestly and with due care at all times.
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| Types
of Agency Relationships: |
An agency relationship is created
when a person, known as the client, asks another person, known
as an Agent, to act for and on their behalf in a business
transaction. In a typical Real Estate transaction, an Agency
Relationship is created when a Seller or Buyer asks a REALTOR to
be their Agent.
There are two basic types of
agency relationships:
- Single Agency:
When an Agent exclusively represents a single client's
interests in a transaction, it is known as Single Agency.
- Dual Agency:
In certain circumstances an agent may represent both the
Seller and the Buyer in a Real Estate transaction. Because a
Dual Agent owes the same fiduciary duties to both clients,
it is often difficult to ensure that everyone's best
interests are being protected. Because of this, the written
informed consent of both the Seller and the Buyer is usually
required before an Agent may represent both.
While a complete discussion of agency extends well beyond
this short summary, your REALTOR would be happy to answer any
questions and provide further details.
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One Hovchild
Plaza - 4000 Route 66, Tinton Falls, NJ 07753
Phone: (732) 918-1340 - General Fax: (732) 918-1906 - MLS
Fax: (732) 918-0716
www.MOMLS.com, The Home for Monmouth/Ocean Real Estate.
Copyright © 2002 Monmouth County Association of REALTORS®
and RJR
Solutions, Inc.
All rights reserved.
Information herein is deemed reliable but not guaranteed.

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