If you,
as either buyer or seller agent are not there, you are not able to help in the negotiating phase, if it becomes necessary, as you have no defense to either say the estimate is justified, or could be overly stated.
Not exact matches
Agents need to be mindful that if they have knowledge of a defect, patent (obvious) or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing agent needs to draw to the attention of his seller, making the seller aware that his agent «knows,» whatever he knows, or surmises, has seen with his own eyes, or has been made aware by his seller — sometimes surreptitiously, (by agent's putting the information confirmation in writing and has advised the seller the need for disclosing), directing his seller to get «fix - it» quotes, repair before going to market, or offer a rebate to his buyer for the dollar amount involved, and advise the seller that this information if known by his agent, or by the seller, «must» be disclosed in some manner, in writing, so as to prevent the seller and all the agents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning m
Agents need to be mindful that if they have knowledge of a defect, patent (obvious)
or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing
agent needs to draw to the attention of his
seller, making the
seller aware that his
agent «knows,» whatever he knows,
or surmises, has seen with his own eyes,
or has been made aware by his
seller — sometimes surreptitiously, (by
agent's putting the information confirmation in writing and has advised the
seller the need for disclosing), directing his
seller to get «fix - it» quotes, repair before going to market,
or offer a rebate to his
buyer for the dollar amount involved, and advise the
seller that this information if known by his
agent,
or by the
seller, «must» be disclosed in some manner, in writing, so
as to prevent the
seller and all the
agents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning m
agents involved (including «team members), both buying and selling sides, from lawsuits,
or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning market.
Prohibited acts.A credit services organization, a salesperson,
agent,
or representative of a credit services organization,
or an independent contractor who sells
or attempts to sell the services of a credit services organization shall not: (1) Charge a
buyer or receive from a
buyer money
or other valuable consideration before completing performance of all services, other than those described in subdivision (2) of this section, which the credit services organization has agreed to perform for the
buyer unless the credit services organization has obtained a surety bond
or established and maintained a surety account
as provided in section 45 - 805; (2) Charge a
buyer or receive from a
buyer money
or other valuable consideration for obtaining
or attempting to obtain an extension of credit that the credit services organization has agreed to obtain for the
buyer before the extension of credit is obtained; (3) Charge a
buyer or receive from a
buyer money
or other valuable consideration solely for referral of the
buyer to a retail
seller who will
or may extend credit to the
buyer if the credit that is
or will be extended to the
buyer is substantially the same
as that available to the general public; (4) Make
or use a false
or misleading representation in the offer
or sale of the services of a credit services organization, including (a) guaranteeing to erase bad credit
or words to that effect unless the representation clearly discloses that this can be done only if the credit history is inaccurate
or obsolete and (b) guaranteeing an extension of credit regardless of the person's previous credit problem
or credit history unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit; (5) Engage, directly
or indirectly, in a fraudulent
or deceptive act, practice,
or course of business in connection with the offer
or sale of the services of a credit services organization; (6) Make
or advise a
buyer to make a statement with respect to a
buyer's credit worthiness, credit standing,
or credit capacity that is false
or misleading
or that should be known by the exercise of reasonable care to be false
or misleading to a consumer reporting agency
or to a person who has extended credit to a
buyer or to whom a
buyer is applying for an extension of credit;
or (7) Advertise
or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the Secretary of State under section 45 - 806 unless otherwise provided by the Credit Services Organization Act.
The cast includes the home
seller, the
seller's real estate
agent as well
as your own,
buyer and
seller attorneys, a representative from a title company (more on that below), and, occasionally, a representative from the bank
or lender where you got your loan.
An investment dealer operates
as an
agent when it acts on behalf of a
buyer or a
seller of a security and does not itself own title to the securities at any time during the transactions.
(1) A credit services organization, its salespersons,
agents, and representatives, and independent contractors who sell
or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration from the division; and (ii) unless exempted under Section 13 -21-4, posting a bond, letter of credit,
or certificate of deposit with the division in the amount of $ 100,000; (b) make a false statement,
or fail to state a material fact, in connection with an application for registration with the division; (c) charge
or receive any money
or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the
buyer; (d) dispute
or challenge,
or assist a person in disputing
or challenging an entry in a credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error
or omission, outdated information, inaccurate information,
or unverifiable information; (e) charge
or receive any money
or other valuable consideration solely for referral of the
buyer to a retail
seller who will
or may extend credit to the
buyer, if the credit that is
or will be extended to the
buyer is upon substantially the same terms
as those available to the general public; (f) make,
or counsel
or advise any
buyer to make, any statement that is untrue
or misleading and that is known,
or that by the exercise of reasonable care should be known, to be untrue
or misleading, to a credit reporting agency
or to any person who has extended credit to a
buyer or to whom a
buyer is applying for an extension of credit, with respect to a
buyer's creditworthiness, credit standing,
or credit capacity; (g) make
or use any untrue
or misleading representations in the offer
or sale of the services of a credit services organization
or engage, directly
or indirectly, in any act, practice,
or course of business that operates
or would operate
as fraud
or deception upon any person in connection with the offer
or sale of the services of a credit services organization; and (h) transact any business
as a credit services organization,
as defined in Section 13 -21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J -1-504 and filing proof that it has obtained a bond
or letter of credit
as required by Subsection (2).
In many cases, however, a real estate
agent can be a
buyer's
agent or a
seller's
agent — just
as an attorney can represent a plaintiff
or defendant in a lawsuit.
As expected, the advisory group recommended: bigger penalties, a ban on «double ending» (when one realtor
or brokerage represents both the
buyer and the
seller), and making it mandatory for
agents to report all assignment sale contracts directly to RECBC.
If the
buyer or seller know the
agent is being unethical
or breaking laws, then they can be considered just
as responsible
as the
agent.»
How will they avoid acting
as an
agent as defined by the law for a
seller,
buyer or both?
Buyers and
sellers who don't speak English
or who speak it
as a second language are sometimes worried they'll be swindled in a real estate deal if they're not working with an
agent who speaks their native language, he says.
A
buyer agency agreement entitles you to compensation from the
buyer, either directly
or indirectly such
as when authority is given the
agent to seek compensation from the
seller.
The authors say the book is aimed at real estate
agents «who must fully understand their obligations whether they represent
buyers,
sellers or both;
as well
as for real estate board officials, insurance representatives and real estate lawyers.
In the 1990s states began adopting legislation that established the designated and disclosed dual agency models and outlined the duties of practitioners based on the role they were assuming, such
as seller's
agent,
buyer's
agent, dual
agent,
or transaction facilitator.
Such control reduces the risk of conflicting information
or poor - quality content on
agent sites and also increases the likelihood that potential property
buyers and
sellers will view a particular brokerage
as a market force.
As a real estate
agent, never say anything bad about the
buyer or seller.
Could a discounted selling broker, co-op
or buyer agent's commission (let's refer to it
as «co-op commission») hurt the enthusiasm of the
buyer's
agent and impact the
seller's bottom line in a negative fashion?
If the
buyer of the real property receives a certificate from the
seller that the
seller is not a foreign person, and is therefore exempt from withholding, and you
as the
agent for either the
seller or the
buyer have knowledge that the certificate is false, you must notify the
buyer of this fact.
In the hurly burly of buying
or marketing a home, the swirl of activity spins around the real estate
agent who efficiently organizes the steps, outlines the service needs and acts
as a buffer for the shills that come out of the woodwork ready to take advantage of the home owner
seller or buyer.
«When representing a
buyer,
seller, landlord, tenant,
or other client
as an
agent, REALTORS ® pledge themselves to protect and promote the interests of their clients.
- «claimed savings with a disclaimer» breach of REBBA - «
buyers agents are great allies to
sellers» - seems like lawyers would love to find those reps and I think this is yet another breach of REBBA
as a misreprentation - «commenting on housing markets» - whoops you just crossed a big line with RECO - «commenting on fellow traditional
agents» - you can not paint brush
or tarnish
or defame fellow registrants.
I feel like people are not going to take me seriously,
or when I show up to see their property,
or even introduce myself
as a real estate
agent to
buyers sellers and their
agent, they are going to laugh at me and tell me to get out.
A clause can add any that the
seller and
agent deems should be disclosed based on
buyer's questions to the
seller interaction
or those the
seller wants to make sure the
buyer didn't miss such
as — the
seller states and the
buyer acknowledges that the apartment building abutting the laneway behind the property and two properties to the north is Ontario housing and via email such
as: please be advised that further to the warranty for the appliances to be in working condition on closing
as per the accepted APS, the dishwasher ceased functioning on XX date.
The SPIS is a catch 22, If you don't fill one out your neglagent and now if you do get one filled out your liable, The items on an SPIS are items
agents need to discuss and disclose in every real estate deal, so without the form
as a guideline we will always have areas that get overlooked
or at least areas that we will be accused of not doing enough research, an SPIS on it's own is not enough if the
Seller is hidding something, but the oppourtunity to do a home inspection was included and revealed a problem, getting rid of the SPIS will not change the
Seller hidding problems and then making their
agent the escape goat,
as always good
agents will need to «protect thy @ss» RECO did nothing to acknowledge the condition for the home inspection should have been enough to allow the
Buyers to verify the SPIS, this story has facts not being told otherwise the
agent would not have pleaded guilty to these claims.
The purchase contract stated that his
agent would disburse his deposit by applying it to the purchase price when the transaction closed, returning it to the
buyer if the
seller failed to perform,
or paying the
seller if the
buyer failed to perform
as stipulated in the purchase contract.
Article 1 provides that «When representing a
buyer,
seller, landlord, tenant,
or other client
as an
agent, REALTORS ® pledge themselves to protect and promote the interests of their client.
Designated
agents (also called appointed
agents) are chosen by a managing broker to act
as an exclusive
agent of the
seller or buyer.
My comment on that new system
as noted, although it sounds useful, might lack the personalized touch of a specific
agent who developed the initial business rapport, leaving the
seller or buyer perhaps feeling they are being serviced by an automaton.
Agents need to be mindful that if they have knowledge of a defect, patent (obvious) or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing agent needs to draw to the attention of his seller, making the seller aware that his agent «knows,» whatever he knows, or surmises, has seen with his own eyes, or has been made aware by his seller — sometimes surreptitiously, (by agent's putting the information confirmation in writing and has advised the seller the need for disclosing), directing his seller to get «fix - it» quotes, repair before going to market, or offer a rebate to his buyer for the dollar amount involved, and advise the seller that this information if known by his agent, or by the seller, «must» be disclosed in some manner, in writing, so as to prevent the seller and all the agents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning m
Agents need to be mindful that if they have knowledge of a defect, patent (obvious)
or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing
agent needs to draw to the attention of his
seller, making the
seller aware that his
agent «knows,» whatever he knows,
or surmises, has seen with his own eyes,
or has been made aware by his
seller — sometimes surreptitiously, (by
agent's putting the information confirmation in writing and has advised the
seller the need for disclosing), directing his
seller to get «fix - it» quotes, repair before going to market,
or offer a rebate to his
buyer for the dollar amount involved, and advise the
seller that this information if known by his
agent,
or by the
seller, «must» be disclosed in some manner, in writing, so
as to prevent the
seller and all the
agents involved (including «team members), both buying and selling sides, from lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning m
agents involved (including «team members), both buying and selling sides, from lawsuits,
or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning market.
A. Earnest money deposit check -LSB--RSB-
or promissory note -LSB--RSB-, which will remain
as a binder until closing, and be held for
Seller by closing
agent (chosen by
Buyer) for
Seller until closing, unless sooner forfeited
or returned, according to the provisions of this Agreement.
If the
Buyers agent is different from the
Sellers agent the
Buyers agent can take the
Sellers Agent to Arbitration where he is in a «court of peers»
or he can go to small claims with the case mentioned above
as well
as the other cases mentioned to get a favorable decision.
Remember if you are the listing
agent or a subagent to the
seller, your principal fiduciary duty is to the
sellers, even if you are also working with the
buyers as customers.
There is also nothing to stop anybody from continuing
as a
buyer's
agent or a
seller's
agent.
He says that in his opinion, the consent agreement led to «a rift between CREA and the real estate boards; undue hardships on real estate sales associates, a change in commission structures that reduced
or eliminated what I perceive
as essential services to clients; the appearance of «mere listing» options where the
buyer's
agents now have to take an extra step and negotiate their own commissions with a
seller prior to presenting the offer; and last but not least, the «opening» of the MLS information, which Realtors pay for, making it fully available to the public.»
Although an
agent is apparently not required to offer advice, be present at offer presentations
or help the
seller negotiate [additional services???] then the whole apparatus will flip over to
buyer (agency) contracts
as well in reality — just sign
buyers up to a contract, add them to a list someplace, but do nothing else for them?
If a
buyer broker has a contract with his
buyer, that spells out how he will be paid — and seeks no compensation through the transaction from the
seller, regardless of the co-op amount offered — does the listing
agent keep the whole six percent,
or five
or whatever the full amount is / the total pts noted on the listing, INCLUDING what amount
as offered in co-op?
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.
«It gives me
as the
agent an opportunity to help the
buyer or seller — they have a third party they can call to get something fixed when they need it.»
Do you suppose there is any way to correct the damage done, in this regard, by
agents who are either interviewed by media TV, for example,
or appear
as local experts on popular TV shows, invited to educate the public on the best of best the public needs to know, only to repetitively declare: «everybody knows the
seller pays the commission; that it costs the
buyer nothing.»
As a
seller or buyer's
agent, «WE» are also expected to take reasonable steps to determine material latent defects when we inspect the property.
Not knowing any of the
buyers,
sellers or agents, would «The Real Estate Advocate» be able to fill that need,
as the unrelated outsider?
Answer:
As a dual
agent you can not recommend the price the
buyer should offer,
or the price the
seller should accept.»
Has CREA has ever surveyed public opinion
as to if a
buyer or seller would lean into doing business with
agents offering multiple lines of service?
However, neither the
seller nor the
buyer as «principals» (masters) of the Realtor ‑ servant (the «
agent») exert any control
or supervision over the daily activities of the Realtor, although they become vicariously liable for the
agent's misconduct (fraud) and neglects committed in the course of the principal's business.
«When representing a
buyer,
seller, landlord, tenant,
or other client
as an
agent, REALTORS ® pledge themselves to protect and promote the interests of their client.
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.»
The quoted comments of Carolyne's firstly seem to disavow the fundamental cooperative nature of the MLS, in that: why would a
Seller expect it should be more likely that the listing
agent (sales rep) would have the right
Buyer or any
Buyer,
as opposed to a Cooperating Brokerage?
In other words, licensees acting for a
buyer or as a limited dual
agent will be receiving remuneration from the
seller and not from their
buyer client.
Industry member # 3 could act
as the designated
agent of the
buyer without being an impartial transaction facilitator
as long
as there is no sharing of the confidential information of either the
buyer or the
seller among industry member # 3 (who represents the
buyer), industry member # 1 (who owns the property), and /
or industry member # 2 (who represents the
seller).
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).