The Task Force thought that
Designated Agency represented the type of understanding that is out in the field right now.
Not exact matches
The EPA, not the Congress, is the
agency of the US Government
designated by the Clean Air Act to make an official determination as to whether or not a substance being emitted into the atmosphere from human activities
represents a danger to public health and the environment.
(b) despite an accreditation of an employers» organization as the bargaining agent of employers,
designate employer bargaining
agencies to
represent in bargaining provincial units of employers for whose employees affiliated bargaining agents hold bargaining rights, and describe those provincial units.
(2) The designation of one or more licensees as a
designated agent does not constitute dual
agency under this section unless the licensee
designated as the
designated agent
represents the parties referred to in paragraph (a), (b), (c) or (d) of the definition of «dual
agency» as clients in respect of a trade in real estate.
Are you stating when the buyer and the seller are
represented by the same real estate brokerage (in common law
agency) or the same real estate professional (in
designated agency) it is okay?
Designated agency does not constitute dual agency as long as the designated agent (s) represents only one party to the transacti
Designated agency does not constitute dual
agency as long as the
designated agent (s) represents only one party to the transacti
designated agent (s)
represents only one party to the transaction.»
This typically does not occur under
designated agency because each client has previously agreed with the brokerage appointing a different licensee to represent them (see Supervision Under Designate
designated agency because each client has previously agreed with the brokerage appointing a different licensee to represent them (see Supervision Under Designated Ag
agency because each client has previously agreed with the brokerage appointing a different licensee to
represent them (see Supervision Under
DesignatedDesignated AgencyAgency).
Where both the buyer and the seller are being
represented by the team as the
designated agent, they must agree to the team limiting its
agency obligations in transaction brokerage.
This conflict may not exist under
designated agency if the other party is able to obtain independent representation through their own
designated agent, and if the client's confidential information has not been and will not be shared with the licensee who is acquiring, or disposing of the real estate or a licensee who is
representing that licensee.
Therefore, limited dual
agency in
designated agency occurs only when the same licensee or licensees have been
designated as the
designated agent to
represent two different clients who have conflicting interests; e.g. who become interested in negotiating with respect to the same real estate.
This is why a
designated agency brokerage can
represent a buyer and a seller in a single transaction with full
agency representation to both parties.
In a scenario where two industry members at different
designated agency brokerages co-list a property, only the specified
designated agents are
representing the seller.
Therefore, they are able to maintain that
agency relationship, even in an «in - house» transaction, as long as both buyer and seller are
represented by two different
designated agents within the same brokerage.
When compared to brokerage
agency where all licensees engaged by a brokerage assume the
agency obligations of the brokerage in relation to each of its clients,
designated agency allows for clients to continue receiving full representation in in - house transactions where different
designated agents separately
represent their respective clients.
A small office must, at a minimum, have a managing broker and at least two other licensees in order to
represent both a buyer and seller in a transaction through
designated agency.
For example, a brokerage, or in the case of
designated agency a
designated agent who is
representing a buyer in a transaction where the brokerage had previously
represented the seller when they purchased the property in question, can not disclose to the current buyer any confidential or personal information about the seller received as a result of providing services to the seller (in the previous relationship).
This is how a
designated agency brokerage can
represent a buyer and a seller in a single transaction with full
agency representation to both parties, when both parties have different
designated agents.
Unlike common law, when any licensee at a
designated agency brokerage enters into
agency with a buyer or seller, only the licensee (s) specified in the brokerage agreement as the
designated agent
represents the buyer or the seller.
If a firm declares that it is a
designated agency real estate company, the law allows the firm to be the brokerage on both sides of the transaction, as long as there are different «
designated» agents
representing the buyer and the seller.
In order to avoid having to disclose dual
agency conflicts and obtain written consent, many states, including Massachusetts and New Hampshire, allow real estate companies to «
designate» a real estate agent at the brokerage to
represent the seller and a different «
designated» real estate agent at the same company to
represent a potential homebuyer.
«One option to consider that avoids the complications of dual
agency and
designated agency is to work with an exclusive buyer agent, who works in a brokerage [that]
represents only buyers and never accepts listings.»
Only an exclusive buyer agent, who works for a real estate company that doesn't list properties for sale or
represent sellers, can guarantee that they will never practice dual
agency or
designated buyer
agency.
In order to avoid having to disclose dual
agency conflicts and obtain written consent, many states, including Massachusetts and New Hampshire, allow real estate companies to «
designate» a real estate agent at the brokerage to
represent the seller and a different real estate agent at the same company to
represent a potential homebuyer in the same transaction.
Designated Agent The party selected to represent a principal / client in a designated agen
Designated Agent The party selected to
represent a principal / client in a
designated agen
designated agency office.