Sentences with phrase «as dual agent»

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?

For three decades, California real estate agents involved in residential real property transactions, including leasehold transactions with lease terms exceeding one year, have been required to disclose whether they are acting as a buyer / tenant agent exclusively, a seller / landlord agent exclusively, or as a dual agent representing both sides of a transaction.

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.

I would add: when I act for the Buyer I don't do it as a 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.

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.

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.

When I list a property I explain to the seller that they are my clients and I will not work as a dual agent.

In order to work as a dual agent, the agent must provide a separate dual agency disclosure, and the client must consent in writing to dual agency.

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.

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.

As a dual agent the brokerage and its managers will maintain a neutral position and can not advocate for the position of one client over another.

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.

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.

As a dual agent they will treat both parties honestly, prepare and present offers at the direction of the parties, and help the parties fulfill the terms of any contract.

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 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.

Furthermore, the other claims could go forward because 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.

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

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

Our home sat on the market for six months with one very low offer, where she served as dual agent.

As a dual agent, the licensee works for both the seller / landlord and the buyer / tenant.

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

Mr. McDonald served as dual agent for our home purchase; we found him to be balanced and fair.

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.

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

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

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

The question for the court was whether the Brokerage's duties as a dual agent extended to the associate licensees.

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.

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

Answer: As a dual agent you can not recommend the price the buyer should offer, or the price the seller should accept.»

In this scenario it is assumed that the rebate back to the buyer will be 2.5 % of the purchase price (50 % of the total commission) upon closing, leaving the brokerage with a net 2.5 % of the purchase price for its role as a dual agent.

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 main difference between today's role of the brokerage as a dual agent, and the proposed role of the brokerage as a transaction facilitator, is that this is the role of the brokerage that would be established from the outset, either when a listing is taken or a buyer agency agreement is signed.

So as a dual agent you are no longer available to assist your buyers as their guardian angel.

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

Whether the agent is operating as a dual agent or single 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.

Cynthia Curley («Buyer») made an offer to purchase the property, and Adams sent the Buyer a dual agency form asking her to acknowledge that Adams would serve as a dual agent in the transaction.

As a dual agent the buyer and seller are no longer your clients.

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.

Review your brokerage company's policy to see if dual agency is permitted and exactly what actions you as a dual agent may not perform for each party.

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.

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

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.

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