I. Maintain confidential information obtained in the context of a previous agency relationship, unless disclosure takes place with the consent of the former client or if required by law; Listing contracts may also have a broker safeguard clause that entitles the broker to a commission if the property is sold to a buyer introduced by the broker within a specified period after the expiry of the listing agreement. The period of implementation of broker protection clauses is often the same period as the listing agreement. A disclosed double agent represents both the buyer and the seller in the same real estate transaction. In these relationships, dual agents owe limited trust obligations to both buyers and sellers. Because of the potential for conflict of interest in a dual agency relationship, all parties must give informed consent. The disclosed duale agency is legal in most states, but often requires written agreement from all parties. The term "agency” is used in real estate to determine the legal responsibilities that your real estate professional owes to you and other parties in the transaction. The seller`s representative (also known as list agent or seller) is hired by the seller and represents him. All fiduciary duties are due to the seller, which means that this person`s task is to obtain the best price and conditions for the seller. The agency relationship is usually established by a signed list contract. The exclusive right of the sales list only allows the broker and his agents to represent the seller. With this offer, the broker is entitled to a commission, even if the seller sells his property on his own, without resorting to the services of the broker.
As the broker is more secure of remuneration with this type of agreement, she will generally work harder to represent the client. In addition to indicating the seller-agent relationship and the obligations of both, the listing contract will contain the details of the property itself. To avoid an alternating agency, some agents will work as transaction agents. Transaction agents do not represent any of the parties and do not protect the interests of the seller or buyer; they simply facilitate the transaction. The agent/broker owes the seller all of his obligations as a fiduciary employee, including honesty, loyalty, assignment, action in the best interests of the seller, etc., in exchange for the seller`s agreement to allow the agent/broker to sell the property and receive a commission. The list agreement generally stipulates that the listing agent/broker agrees to share, share or share the entire commission with a buyer/broker agent representing the buyer. The buyer`s representative (also known as the buyer`s representative) is hired by potential buyers and works in the best interests of the buyer throughout the transaction. The buyer can pay the agent directly through a negotiated fee, or the buyer`s representative can be paid by the seller or by a distribution of commissions with the seller`s representative.