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When working with a REALTOR庐, it is important to understand who the REALTOR庐 works for, and to whom is the REALTOR庐 legally obligated. The Canadian Real Estate Association (CREA) requires REALTORS庐 to disclose Agency Relationship to a potential client at the earliest time possible.
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Buyers Relationship to Realtors庐
A Buyer has a choice of two relationships with a REALTOR庐. As a Client, a real estate company acting as a Buyers Agent must do what is best for the buyer. A written contract, called a Buyer Agency Agreement, establishes buyer agency. It also explains services the company will provide, establishes a fee arrangement for the REALTORs庐 services and specifies what obligations a buyer may have. Under such agency, a buyer will be obliged to work with that company for a period of time. In return, confidence a buyer shares with that company will be kept confidential. The REALTOR庐 is also required to offer professional advice, negotiate the best price for the buyer and provide the buyer with as much information required to make the right decision.
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As a Customer the buyer can expect to be treated fairly and honestly. It is important for the buyer to realize that under such a relationship the REALTOR庐 is technically a sub-agent of the seller so that duties are owed to that seller. However, the buyer can expect the REALTOR庐 to disclose all pertinent information about a property, not to misrepresent any facts, and to honestly answer all questions about the property. Under such relationship with the buyer, the REALTOR庐 must not must not imply that they shall negotiate a price for the buyer as that would be a direct conflict with the REALTORs庐 sub-agency relationship with the seller and a violation of our rules and regulations.
Sellers Relationship to Realtors庐
A real estate company must do what is best for the seller of a property. A written contract, called a Listing Agreement, establishes sellers agency. It also explains services the company will provide, establishes a fee arrangement for the REALTORs庐 services and specifies what obligations a seller must have.
Confidence a seller shares with their REALTOR庐 must be kept confidential from potential buyers and others. That REALTOR庐 must tell the seller anything known about the buyer. For instance, if the REALTOR庐 knows that a buyer is willing to offer more for a property, that information must be shared with the seller.
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A seller must understand that a REALTOR庐 working with a buyer as a sub-agent is ultimately working with the sellers best interest in mind. A REALTOR庐 working with a buyer, as a Buyer Agent, is working for the buyers best interest mind, but may still be compensated by the seller through provisions made to the Listing Agent.
Multiple Representation
Occasionally a real estate company will be the agent for both the buyer and the seller. The buyer and seller must consent to this arrangement in their listing and buyer agency agreements. Under this multiple representation arrangement, the company must do what is best for both the buyer and seller.
Since the company's loyalty is divided between the buyer and seller who have conflicting interest, it is absolutely essential that a multiple representation relationship be established in a written agency agreement. This agreement specifically describes the rights and duties of everyone involved and any limitations to those rights and duties.
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