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Client Relationship and Agent Duties
A real estate agent's fiduciary "duty" when representing you in a transaction, is to advocate your best interest and bargaining position much like an attorney-client relationship but with some significant differences. Before you establish a working relationship with any real estate agent, it is critical that you know who the agent represents. 

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The following relationships apply to agency:

Regardless of whether you are a buyer or seller, when you contract with a real estate agent to represent you, the agent owes you the following duties:

  • To be loyal, follow reasonable instructions, and comply with applicable law.  This includes obtaining for you (either buyer or seller) the best possible terms and price.
  • Act with reasonable care, skill, and due diligence.
  • Safeguard and fully account for any monies handled for you.
  • Disclose any information to you which might  influence your decision to buy or sell.

Be aware, even if the real estate agent does not represent you, he or she still has an ethical responsibility to be honest and fair; this includes disclosing all known "material facts" to you.  This "duty to disclose"  is not limited to things the agent actually knows but also relates to things the agent should reasonably know through due diligence.  

A "fact" is considered "material" if it could negatively impact the decision to buy or sell.  It relates to defects and/or conditions that could affect the property.   Obviously, this "duty" does not require a selling agent to disclose to a buyer the minimum price a seller will accept nor does it require a buyer agent to disclose to the seller the maximum amount the buyer would be willing to pay.  Should you have any questions relative to these topics, ask your real estate agent or attorney for clarification. 

 
         

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