Please don't call me, Mr. Seller, because I represent the buyer of your home - not you.
Agency law is very specific in Maryland, as I'm sure it is in other states where real estate agents have a fiduciary obligtation to their clients. (Not in every state.)
This means that I owe my client (among other things)
CONFIDENTIALITY and EXCLUSIVE REPRESENTATION.
It's nothing personal, Mr. Seller. You're very nice. Your agent is very nice. My client is very nice. Heck, I'm very nice, too. But please understand this:
- I can't and won't present my client's offer to you directly, if your home is listed with another broker
- I can't and won't calculate your net proceeds based upon my client's offer - ask your own agent or broker
- I can't and won't advise you about any aspect of the transaction because I represent the buyer, not you
- I can't and won't disclose anything to you about my clients - I owe them complete confidentiality, unless they give me specific permission to disclose something to you
- I can't and won't perform any real estate services on your behalf, although I can perform "ministerial" acts such as meeting the appraiser or home inspector to admit them to your home.
Congratulations, if you negotiated a rock-bottom brokerage fee with your listing agent and company in exchange for limited services. That's called competition, and both the National Association of REALTORS and the U.S. Department of Justice agree that consumers should have a right to seek lower fees/fewer services. Neither you nor your agent can assume that I will perform any of those services on your behalf, however, because my legal, more and ethical obligations are to the buyers... exclusively.
"Good intentions" would be no defense in the event you, your agent, my client, or the Maryland Real Estate Commission interpreted anything I said or did as a violation of my fiduciary responsibilities to my client. So please respect my role in your home sale.
I'm sure we all have the same goal... for you and my clients to live happily ever after. Unfortunately, I can't assist you beyond ministerial acts - you'll have to handle matters yourself or rely on your listing agent, who has the same fiduciary responsibilities under Maryland law to you that I have to the buyers.
For more information, here is a link to the Maryland form Understanding Whom Real Estate Agents Represent which details this information for consumers.
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Originally posted by author to FocusOnCrofton.com.
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