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Agent References
These Documents are for reference only. All updated forms and
brochures should be retrieved through your local Real Estate
agent. Washington State Downloadable Docs
Idaho State Agency Law
When you choose to work with a real estate professional,
it is important for you to understand the difference between
a broker, a salesperson, or sales associate.
A real estate broker is a licensed person who is in
charge of the real estate brokerage firm.
A sales associate or salesperson is a person licensed
with the broker and may only act through that broker. In
other words, when you choose to work with any real estate
professional, your business relationship is legally with
that individual's broker.
It is equally important for you to discuss the following
representation information with a real estate professional,
and to agree on the type of business relationship you will
have. Will you be a customer or a client?
What is a Customer?
A customer receives valuable services from the
real estate brokerage (assistance, information, etc.), but
is NOT "represented" by it. Every person begins as a
customer. If you do not sign a written listing contract or
buyer-broker contract, you will NOT become a client, but
will remain a customer.
As a customer, you can expect the real estate
professional ("nonagent") working with you to: provide
honest information in good faith;
- assist you in preparing offers and helping you close
the transaction;
- use reasonable skill and care; and,
- disclose any adverse material facts the salesperson
actually knows, or should reasonably have known (for
instance, the seller has told the salesperson that the
basement leaks every winter).
As a customer, you should NOT expect the real estate
professional you are working with to:
- conduct detailed inspections of the property for you
or verify information given by the buyer or seller; and,
- keep your bargaining information confidential. In
fact, if the real estate professional's brokerage
company is representing the other party (buyer or
seller) in the transaction, and if you tell the
salesperson about your willingness to pay more or take
less, that representative must give this information to
the broker's client. Whenever you, as a customer, speak
to a real estate professional who represents another
party in a purchase or sale, you should assume you are
talking directly to the other party (buyer or seller).
What is a Client?
A client is a buyer or seller who has signed a
written listing contract or buyer-broker type contract to be
"represented" by a broker. If there is no written agreement
you will NOT become a client!
This written contract or agreement should answer:
- How will the brokerage be paid and when?
- How long am I obligated under this contract?
- Can I also work with other brokerages during this
agreement? Or, what will happen if I sell or buy on my
own?
- Am I willing to let this brokerage represent both me
and the buyer (or seller)?
A client is represented by the broker and his or her
sales associates. If you are "represented" as a client, you
can expect the real estate professional to:
- reasonably act to negotiate the best price and terms
for you;
- tell you important information the agent knows or
should reasonably have known which would influence your
decision to # buy or sell (such as the county's plans to
build a freeway exit on the land next door); keep
information about your bargaining position confidential
in the marketplace; and,
- promote your interests with good faith, honesty and
fair dealing and use reasonable skill and care in
business dealings with you.
Can the Broker Represent Both Buyer and
Seller as Clients? Yes, as a Limited Dual Agent
What is a Limited Dual Agent?
This situation comes up, for example, when a brokerage has
your home listed for sale and also represents the buyer.
Both of you are clients of the broker, and yet have
different needs. The seller wants the highest price; the
buyer wants to pay the lowest price. You do NOT have to
agree to limited dual representation. It is not the same as
having your own agent. If you DO agree, you must do so in
writing, and your agent will ask you to sign a Consent for
Limited Dual Representation. A limited dual agent will still
provide most client services. Without your permission, he or
she won't reveal to the other party:
- personal information about your motivation to buy or
sell;
- that as a buyer you will pay more than the offered
price;
- that as a seller you will take less than the listing
price; and,
- that you will agree to terms or price other than
that listed.
Each brokerage shall keep a signed and dated record of a
buyer or seller’s receipt of the agency disclosure brochure.
§54-2085
Terms Defined
As They Apply To This Brochure
AGENCY REPRESENTATION - defines by law what duties and
obligations are owed by a real estate professional to a
client.
CLIENT - a buyer or seller of real estate who has a
written agreement for representation in the transaction.
CUSTOMER - a buyer or seller who is NOT represented, but
who receives services from a real estate professional.
LIMITED DUAL AGENT - a real estate brokerage which offers
specific and limited representation to both a buyer and a
seller with their consent.
A limited dual agent will avoid conflicting interests of the
two clients and will focus on negotiating a sale or purchase
that is satisfactory to both. The limited dual agent must
use reasonable skill and care, but offers a limited type of
representation. |