WHAT YOU CAN EXPECT FROM YOUR REALTOR
Your REALTOR, as your agent, has your best interests at heart
The word 'agent' is defined as 'a person who acts
for another'. It sounds so simple, doesn't it? We all 'act
for
another,' formally or informally, on a daily basis. In fact, it's
so easy to slip into an 'agency relationship' that people
sometimes forget that it involves serious legal responsibilities.
A REALTOR is someone who acts as an agent for another in a real estate
transaction. An agent can act for the buyer
or for the seller - or, to a limited degree, for both. But no matter
whom they represent, agents and their representatives
are legally obligated to protect and promote the interests of their clients
as they would their own. Specifically, a real
estate agent commits to:
-
Provide undivided loyalty. The agent must protect the client's
negotiating position at all times, and disclose all
known facts which may affect or influence the client's decision.
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Keep the confidences of the client.
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Exercise reasonable care and skill in performing all assigned duties.
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Be accountable for all money and property placed in the agent's
hands while acting for the client.
AGENCY DISCLOSURE
It is now a lawful requirement for real estate agents to disclose
to customers whom they will be representing. This disclosure
is usually done with the aid of a blue brochure entitled Working with
a
Real Estate Agent. The brochure
includes a tear-off statement that the customer signs and the
REALTOR retains as proof that disclosure was made.
Signing the statement does not obligate the customer in any
way. Having explained to the customer the various
agency relationship options available to him or her, REALTOR
and client can now determine what services are to be
rendered.
Seller's agent
The agent for the seller, or listing agent, is the role we
are most familiar with, thanks to the immense marketing clout
of the Multiple Listing Service® over the past 40 years.
The seller retains a real estate agent to use his or her
marketing expertise and network to position the property to
its best advantage on the market, attract qualified buyers
and effect a sale at the highest price. In theory, the agreement
to act as seller's agent can be a handshake
agreement, but to list the property on the Victoria Real Estate
Board' s
Multiple Listing Service®, the Board requires
a listing contract be filled in, signed and submitted.
Buyer's agent
The buyer can benefit from an agent's representation, too. The buyer's
agent uses his or her knowledge of the
community and the market to source all of the properties that
fit the buyer's
budget, needs and wants. He or she
promotes the buyer's interest in purchase negotiations
to effect a sale at the lowest price. The agreement to act
as a
buyer's agent can be a handshake agreement or a contractual
one as mutually decided by agent and client. If it is a
handshake agreement, the REALTOR still abides by the tenets
of agency representation as mentioned above: loyalty,
professionalism, accountability, discretion, etc. The REALTOR
works hard to maintain the client's loyalty.
Dual agent
What happens when an agent who is working as a buyer's agent
shows the buyer a home for which he or she is also
the listing agent? Since the agent has promised a duty of confidentiality,
loyalty and full disclosure to both parties
simultaneously, it is necessary to limit these duties in this
situation, and gain the consent of both parties to continue
in this limited capacity. This is called a dual agency relationship.
The agent will ask for written consent of both parties to continue in a dual
agency relationship, with these limitations:
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The agent will deal with both parties impartially.
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The agent will not disclose to either party any information
he may have been privy to in regard to either party's " bottom line".
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The agent will not disclose the motivation of either the buyer or the
seller, or any personal information, unless
authorized to do so, preferably in writing.
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A REALTOR can represent you as a listing agent while you're selling your
house, and as buyer's agent as you shop for your next home... often
simultaneously. Some REALTORS choose to just offer buyer agency or seller
agency, but
many others prefer to build client relationships rather than agent
relationships. REALTORS often encourage clients to
keep in touch during the years between changes in residence. They are
available for a quick chat on the market, for
an interpretation of industry trends and changes, and to answer questions
that come up regarding real estate, your
tax assessment, housing options for family members, etc.
WHAT TO LOOK FOR IN AN AGENT
The key word is 'expertise'. Look for it in a number of areas:
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Look for open, up-front discussion on agency responsibilities
and services. Your agent should clarify the
options and details of the transaction, not confuse you.
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Look for market knowledge and product knowledge: an understanding
of economic trends and the real estate
industry - on a local level, and on a national and provincial
scale as they pertain to your situation. Look for
experience in assessing the investment value of property and
housing types.
-
Look for someone who knows the neighbourhood: your REALTOR'S
suggestions on the best shopping and services
can make your assimilation in a new neighbourhood that much easier.
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Look for experience in serving the needs of both buyers and sellers. When you're
making one of the most
important investment decisions of your life, you want someone
working for you who has many years of
experience helping people be successful.
This information is provided by the Victoria Real Estate Board for the information
and benefit of consumers. |