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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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