Types of real estate license holders:
- A broker is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker.
- A sales agent must be sponsored by a broker and works with clients on behalf of the broker.
- Put the interests of the client above all other, including the broker’s own interest;
- Inform the client of any material information about the property or transaction received by the broker;
- Answer the client’s questions and present any offer to or counter-offer from the client;
- and Treat all parties to a real estate transaction honestly and fairly.
As agent for owner (seller/landlord): The broker becomes the property owner’s agent through an agreement with the owner, usually in a written listing to sell or property management agreement. An owner’s agent must perform the broker’s minimum duties above and must inform the owner of any material information about the property or transaction known by the agent, including information disclosed to the agent or subagent by the buyer or buyer’s agent.
As agent for buyer/tenant: The broker becomes the buyers/tenant’s agent by agreeing to represent the buyer, usually though a written representation agreement. A buyer’s agent must perform the broker’s minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller’s agent.
As agent for both - intermediary: To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker’s obligations as an intermediary. A broker who acts as an intermediary:
- Must treat all parties to the transaction impartially and fairly;
- May, with the parties’ written consent, appoint a different license holder associated with the broker to each party (owner and buyer) to communicate with, provide opinion and advice to, and carry out the instructions of each party to the transaction.
- Must not, unless specifically authorized in writing to do so by the party, disclose:
- that the owner will accept a price less than the written asking price;
- that the buyer/tenant will pay a price greater than the price submitted in a written offer;and
- any confidential information or any other information that a party specifically instructs the broker in writing not to disclose, unless required to do so by law.
To avoid disputes, all agreements between you and a broker should in writing and clearly establish:
- The broker’s duties and responsibilities to you, and your obligations under the representation agreement.
- Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated.
License holder contact information: This notice is being provided for information purposed. It does not create an obligation for you to use the broker’s services. Please acknowledge receipt of this notice below and retain a copy for your records.