If you feel that a real
estate licensee representing you has not acted in your best interests, or may have otherwise contravened the Real Estate Services Act, contact the Real Estate Council of BC promptly:
[email protected] 1-877-683-9664
A Maryland appellate court has considered whether a real
estate licensee representing the landlord in a leasing transaction has any duty under that state's lead - based paint law to protect a tenant from exposure to lead - based paint.
The Supreme Court of Alabama has ruled on when an appraiser can be liable to third parties for a negligent misrepresentation made in his appraisal report and also whether a real
estate licensee representing the seller has a duty to disclose to the buyer that the owner of the licensee's brokerage has an ownership interest in the property being sold.
New rules forbidding dual agency (where a real
estate licensee represents two parties in a sale) originate from recommendations in a 2016 report of the Independent Advisory Group on Real Estate Regulation in B.C.
The principal real estate broker and the real
estate licensees representing either seller or buyer shall owe the following duties to the seller and buyer:
Before making that decision, you should consider the risks of remaining unrepresented, and the potential benefits of having a real
estate licensee represent your interests in a trade in real estate.
Not exact matches
You
represent, warrant and agree that you are a REALTOR ®, an NAR member, the Canadian Real
Estate Association («CREA»), a member of CREA, an NAR or CREA member Board or Association, an NAR affiliate, an NAR
licensee, or otherwise in a contractual relationship with NAR relating to use of NAR's REALTOR ® mark and that, in such capacity, you are deemed an «Affiliate» of RED as such is defined in the Registry Agreement, including as specifically set forth in the Code of Conduct Exemption.
(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.
According to the court, an associate
licensee represents a brokerage in a real
estate transaction and does not have an independent agency relationship with the client.
Ohio law allows a real
estate professional to
represent multiple parties looking at the same property, but it isn't clear whether this also allowed a
licensee to write multiple offers for the same property.
Even without legal fiduciary obligations, it is unrealistic to think that a real
estate licensee can adequately
represent himself and the other party to a transaction because of the inherent conflicts of interest.
Jason Saad, who was allegedly not related to the Ally Saad but who worked as a real
estate licensee in the same office, was
represented at the closing by Ally Saad.
Kevin Clark is a past president of the Calgary Real
Estate Board (2006) and proud to be a street level licensee in his 38th year representing clients in their real estate transac
Estate Board (2006) and proud to be a street level
licensee in his 38th year
representing clients in their real
estate transac
estate transactions.
Represent themselves as being a
licensee or as being engaged in the business of buying, selling, exchanging, renting, leasing, managing, auctioning, or dealing with options on any real
estate or the improvement thereon for others.
The buyers sued the sellers and the real
estate licensees who
represented them, alleging fraud and breach of contract because the sellers had known about the possibility of a sewer assessment.
The
estate was
represented by licensed real
estate salesperson Judith McMullen («
Licensee»).
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.
A common conflict that arises is when the same
licensee is
representing both the seller and the buyer in the same trade in real
estate.
The disclosure must be made to an unrepresented party when the
licensee is already
representing a client to a trade in real
estate.
limiting the ability of real
estate licensees to
represent both buyers and sellers in the same transaction;
Dual agency is when a
licensee represents two or more parties with competing interests in a trade in real
estate, such as both buyer and seller, or two or more competing buyers.
Where advertising is generated by a database, for example the way that a board's MLS ® generates advertising like feature sheets and other forms of online listing information, and that database can not accommodate the entire
licensee name of a personal real
estate corporation, the MLS ® will generate «Robbie Vendre PREC *» and a footnote will appear at the bottom of the information that reads «* PREC
represents personal real
estate corporation».
Teams should be defined as two or more real
estate licensees working together on a regular basis to provide real
estate services who
represent themselves to the public as being part of a collective team or group.
This aspect of limited representation allows a
licensee to facilitate a real
estate transaction by assisting both the buyer and the seller, but a
licensee will not work to
represent one party to the detriment of the other party when acting as a transaction broker to both parties.
If you intend for that
licensee, or any other Oregon real
estate licensee, to
represent you as a Seller's Agent, Buyer's Agent, or Disclosed Limited Agent, you should have a specific discussion with the agent about the nature and scope of the agency relationship.
Every real
estate licensee is required to disclose his or her agency status in a real
estate transaction to any buyer or seller who is not
represented by an agent and with whom the
licensee is working directly in the transaction.
Seller understands that a licensed real
estate broker or salesperson («
licensee») working with a buyer may
represent that buyer, and may be required to disclose to the buyer any information given to him by Seller.
«Customer» means a member of the public who is or may be a buyer or seller of real property and may or may not be
represented by a real
estate licensee in an authorized brokerage relationship.
79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed;
licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who
represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real
estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real
estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its
licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained
«My job, along with BCREA, is to help B.C.'s 18,000 Realtors deal with the economic and environmental issues that
represent opportunities and challenges for the B.C. real
estate profession,» says Veitch, a real
estate licensee for 20 years.
A
licensee may not, except in writing, induce any person to acquire or dispose of real
estate by promising or
representing that the
licensee or any other person will: