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Updated over 8 years ago on . Most recent reply
What does real estate agent disclosure mean?
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Agency is a relationship. Seller or buyer ( principal ) contracts with broker ( agent ) usually via broker's sub agent ( sales person ).
A salesperson licensee needs to remember, they are general agents of their broker and their broker is assuming all liability for their actions. The relationship between a broker and the principal is usually construed as a special agent ( sell my house or find me a house ). When a salesperson licensee and a consumer sign an agency agreement the salesperson needs to remember, they are not entering into a contract with the consumer, it is their broker and the consumer entering into a contract.
When it comes to agency disclosure, this is designed to protect a consumer, usually a buyer. The disclosure is there to inform the consumer about different types of agency. Buyer, Seller, ( non agent ) Facilitator, dual, designated, or single. I think the agency disclosure was originally designed to protect buyers. For a long time there were no buyer agents. There were only seller agents. Buyers would feel like they were being looked out for by the sellers agent but in fact that seller agent was gather valuable intelligence for their client ( the seller ), regarding the buyer.
Now it is mandatory ( at least in my state ) that I disclose my relationship with the consumer at the first personal meeting. This means ( non agent ) facilitator. After that they can either agree to a buyer or seller agency agreement. In my state seller agency usually involves a listing agreement contract, whereas buyer agency is usually verbal or assumed. It is tough to get buyers to sign a 6 month buyer agency agreement unless they really like you.