|
Agent References
These Documents are for reference only. All updated forms and
brochures should be retrieved through your local Real Estate
agent.
Washington State Downloadable Docs
Idaho State Agency Law
When you choose to work with a real estate professional, it
is important for you to understand the difference between a
broker, a salesperson, or sales associate.
A real estate broker is a licensed person who is in charge
of the real estate brokerage firm.
A sales associate or salesperson is a person licensed with
the broker and may only act through that broker. In other words,
when you choose to work with any real estate professional, your
business relationship is legally with that individual's broker.
It is equally important for you to discuss the following
representation information with a real estate professional, and
to agree on the type of business relationship you will have.
Will you be a customer or a client?
What is a Customer?
A customer receives valuable services from the real
estate brokerage (assistance, information, etc.), but is NOT
"represented" by it. Every person begins as a customer. If you
do not sign a written listing contract or buyer-broker contract,
you will NOT become a client, but will remain a customer.
As a customer, you can expect the real estate professional
("nonagent") working with you to: provide honest information in
good faith;
- assist you in preparing offers and helping you close the
transaction;
- use reasonable skill and care; and,
- disclose any adverse material facts the salesperson
actually knows, or should reasonably have known (for
instance, the seller has told the salesperson that the
basement leaks every winter).
As a customer, you should NOT expect the real estate
professional you are working with to:
- conduct detailed inspections of the property for you or
verify information given by the buyer or seller; and,
- keep your bargaining information confidential. In fact,
if the real estate professional's brokerage company is
representing the other party (buyer or seller) in the
transaction, and if you tell the salesperson about your
willingness to pay more or take less, that representative
must give this information to the broker's client. Whenever
you, as a customer, speak to a real estate professional who
represents another party in a purchase or sale, you should
assume you are talking directly to the other party (buyer or
seller).
What is a Client?
A client is a buyer or seller who has signed a
written listing contract or buyer-broker type contract to be
"represented" by a broker. If there is no written agreement you
will NOT become a client!
This written contract or agreement should answer:
- How will the brokerage be paid and when?
- How long am I obligated under this contract?
- Can I also work with other brokerages during this
agreement? Or, what will happen if I sell or buy on my own?
- Am I willing to let this brokerage represent both me and
the buyer (or seller)?
A client is represented by the broker and his or her sales
associates. If you are "represented" as a client, you can expect
the real estate professional to:
- reasonably act to negotiate the best price and terms for
you;
- tell you important information the agent knows or should
reasonably have known which would influence your decision to
# buy or sell (such as the county's plans to build a freeway
exit on the land next door); keep information about your
bargaining position confidential in the marketplace; and,
- promote your interests with good faith, honesty and fair
dealing and use reasonable skill and care in business
dealings with you.
Can the Broker Represent Both Buyer and
Seller as Clients? Yes, as a Limited Dual Agent
What is a Limited Dual Agent?
This situation comes up, for example, when a brokerage has your
home listed for sale and also represents the buyer. Both of you
are clients of the broker, and yet have different needs. The
seller wants the highest price; the buyer wants to pay the
lowest price. You do NOT have to agree to limited dual
representation. It is not the same as having your own agent. If
you DO agree, you must do so in writing, and your agent will ask
you to sign a Consent for Limited Dual Representation. A limited
dual agent will still provide most client services. Without your
permission, he or she won't reveal to the other party:
- personal information about your motivation to buy or
sell;
- that as a buyer you will pay more than the offered
price;
- that as a seller you will take less than the listing
price; and,
- that you will agree to terms or price other than that
listed.
Each brokerage shall keep a signed and dated record of a
buyer or seller’s receipt of the agency disclosure brochure.
§54-2085
Terms Defined
As They Apply To This Brochure
AGENCY REPRESENTATION - defines by law what duties and
obligations are owed by a real estate professional to a client.
CLIENT - a buyer or seller of real estate who has a written
agreement for representation in the transaction.
CUSTOMER - a buyer or seller who is NOT represented, but who
receives services from a real estate professional.
LIMITED DUAL AGENT - a real estate brokerage which offers
specific and limited representation to both a buyer and a seller
with their consent.
A limited dual agent will avoid conflicting interests of the two
clients and will focus on negotiating a sale or purchase that is
satisfactory to both. The limited dual agent must use reasonable
skill and care, but offers a limited type of representation. |