Sentences with phrase «acting as dual agent»

When a licensee is acting as a dual agent, the licensee needs to disclose this fact to his / her client and failure to do so is a breach of his / her fiduciary duty.

The Sellers argued that the Broker breached her fiduciary duty to them when she showed other properties to the Buyer without disclosing to the Sellers that she was acting as a dual agent.

the listing licensee should be aware that if acting as a limited dual agent for both the buyer who wishes to present a referential offer and the seller, the usual principles of dual agency apply and the licensee should ensure that both parties understand the limitations of the licensee acting as a dual agent.

If you do not agree to your agent acting as a dual agent, you can ask that another agent in our company be assigned to represent you or you can seek representation from another brokerage.

Licensee acting as dual agent could be liable for failing to act in the best interest of the potential purchaser.

The potential purchaser and seller entered an agreement, with the listing broker acting as dual agent in the transaction.

As discussed in the question above, a brokerage acting as a dual agent, whether through one licensee or two or more licensees of the same brokerage, receives its remuneration (typically) by way of the listing contract it has entered into with the seller.

When the broker, acting as a dual agent, showed the property to the buyer, he said the property belonged to a friend.

Pennsylvania federal court rules that real estate brokerage did not owe fiduciary duties to seller when acting as a dual agent and so dismissed those claims against brokerage but allowed other claims made against brokerage to continue.

It simply means the licensee should avoid acting as a dual agent.

And yet 30 - 40 % of the time they can not use these skills when acting as a dual agent.

Rita I am wondering if it is a wise idea to attend the home inspections if you are acting as a dual agent or even in single agency.

Theoretically, if a problem arises, the real estate company (acting as dual agent or transaction broker) could try to distance itself from legal liability.

In this decision, the California Supreme Court considered the duty owed by a listing broker to the buyer when the broker is acting as a dual agent.

The prospective purchaser and seller entered a purchase agreement, with the licensee acting as a dual agent.

The purchaser and seller agreed that the broker, through its associated licensees, would act as dual agent in the transaction for a luxury home.

The licensee disclosed that he had previously represented the seller in buying that property, and he would act as dual agent in the transaction.

The Montana Association of REALTORS ® filed an amicus curiae brief arguing that because the state's law permits licensees to act as dual agents of the buyer and the seller and «act solely in the best interests» of both parties, a buyer's representative should be able to represent two bidders in the same manner.

In the transaction, the mother and daughter licensees acted as dual agents for both parties.

The Alabama Supreme Court has ruled that a salesperson who acted as a dual agent for both the buyers and sellers in a transaction had a fiduciary duty to make accurate statements to buyers when questioned about a property.

Next, she must determine whether Sam Seller has agreed to let her act as a dual agent in the transaction and obtain his full, written consent to Rita's new role.

Even if one of those other licensees has long before established an agency relationship with a buyer, if that buyer becomes interested in any of the brokerage's listings, both the seller and the buyer must first agree for their respective licensees and the brokerage to act as dual agents before the seller and buyer can begin negotiating the transaction while using the assistance of those two licensees.

To act as dual agents, both licensees and the brokerage must now become impartial, neither advocating the interests of the seller or the buyer, nor providing any advice to either party that would be in conflict to the interests of the other party.

Just as the informed consent of both parties is required today before a licensee may act as a dual agent, informed consent would be required before a licensee could act as a transaction facilitator.

The defendant real estate broker acted as dual agent for both parties in a real estate transaction.

The Broker and Salesperson also concluded that they could act as dual agents in the transaction.

Can I continue to act as a dual agent for these clients after Rule 5 - 16 comes into effect?

Can I continue to act as a dual agent for these clients after Rule 5 - 16 comes into effect on June 15, 2018?

Here, Broker CB acted as the dual agent of buyer and seller.

I specialize in a niche market and often act as a dual agent.

«The partnership with my brother is structured where he works exclusively for our buyers and I serve all of our sellers.We have made the decision not to act as dual agents in order to always be able to represent our client's best interest.

In the event that the same agent represents both the buyer and seller, that agent and RE / MAX Valley Real Estate will act as a dual agent but only if both parties agree.

If this occurs each agent will represent their own client, but RE / MAX Valley Real Estate and its managers will act as a dual agent.

Or, depending on company policy, the agents may both act as dual agents and remain neutral in the transaction.

Felix, however, is already a designated agent for both the seller and the buyers, has received the consent of the two parties to act as a dual agent, and must treat them impartially.

Felix, however, is a designated agent for both the seller and the buyers, has received the consent of the two parties to act as a dual agent, and must treat them impartially.

Looking at the facts, the court determined that the Broker did not act as a dual agent and so did not breach her fiduciary duty to the Sellers.

Therefore, the court concluded that the Broker did not act as a dual agent and so didn't breach her fiduciary duty to her clients, entitling the Brokerage to its commission.

Issue: When a broker acts as a dual agent, representing both buyer and seller in a real property transaction — does the salesperson acting under the broker have the same fiduciary duty to buyer and seller as the broker?

Not exact matches

The best evidence for the treatment of centralized pain conditions include centrally acting agents like dual uptake inhibitors, and anticonvulsants, as well as exercise and cognitive behavioral therapy, authors write.

«Seller's agents and dual agents do not and can not by law give a buyer the same degree of loyalty as an agent who acts on behalf of a buyer,» the court said in its ruling.

By sending a letter with an evaluation to Mr Comfree you may have crossed the line and acted as an undisclosed dual agent.

The appellate court concluded that the potential purchaser presented some evidence showing that the licensee may not have acted in the would - be purchaser's best interest as dual agent.

My greatest concern would be for the liability of the dual agent (in the same office as the listing agent) deemed to have the knowledge and, in dual agency jurisdictions, unable to act under the umbrella of a transaction brokerage as a designated agent.

If any of these agents was acting as a Dual Agent they are clearly in big problems if challenged by the Seller.

The buyers sued the sellers and the two sales associates, a team acting as disclosed dual agents, claiming they had knowingly violated the federal Residential Lead - Based Paint Hazard Reduction Act of 1992.

The ATF considered designated agency to be a positive alternative to in - house dual agency when there is a licensee acting as sole agent for the seller, another licensee engaged by the same brokerage who is acting as sole agent for a buyer, and the buyer becomes interested in the property offered for sale by the seller.

The court held that a broker's actions and words to a prospective purchaser may be sufficient to establish an agency relationship, and that a broker acting as an undisclosed dual agent may be held liable for breach of fiduciary duties and unfair dealing.

A buyer who relies on the seller's agent or on dual agency does not receive the same degree of legal protection as that afforded by an agent acting solely on behalf of the buyer.»

Also called, among other things «appointed agency,» this is a brokerage practice that allows the managing broker to designate which licensees in the brokerage will act as agents of the seller, and which will act as agents of the buyer, without the individual licensees being dual agents.