There are some gray areas when it comes to "clients" vs "customers". For example,
YOU ARE DEFINITELY A CLIENT WHEN YOU HAVE SIGNED ONE OF MY FORMS OR CONTRACTS.
Because when you do, real estate law needs me to sign a "disclosure" that tells you what our relationship is. This may include that I am your "buyers agent" if you are making an offer on a home. Or I am your "sellers agent" if we agree to sign a listing.
AND I NEED TO BE CAREFUL ABOUT AN "IMPLIED" AGENCY.
For example, if you call me out of the blue and ask me anything about a listing that I have, we need to establish pretty quickly whose "side" I am on. In fact, unless we have a signed agreement, I am definitely on the "sellers" side and have his fiduciary interests at heart. That means, I cannot tell you what the seller has said about what price he might accept, if it is less than the stated sales price.
Therefore, you, the buyer, may THINK I have a relationship with you as a "client", but you don't. You are my customer. And I need to tell you that so we don't get into an implied "dual agency".
DUAL AGENCY:
Dual Agency is where I represent you both. But, in California, I still have the fiduciary interests of the seller at heart. Otherwise I treat you equally, fairly, honestly, etc. Interestingly, in Hawaii where I also hold a broker's license, you then both become "customers" and are treated equally all the way down the line.
GRAY AREAS:
So you see, there could be a misunderstanding about our relationship between the time you call/talk to me and the time you get serious about BUYING or LISTING.
It is my duty to inform you of my relationship to you at first meeting/talking to you ie. "I am the listing broker of Home A" followed by "are you represented by an agent". And if you are not, it can go a couple of ways; either I tell you I can help you as a "dual agent" or "you need to get your own representation". In California, Dual Agency is legal and I have yet to sign up a seller as a client who would not consent to dual agency.
As to the seller, once he has signed a listing agreement, he is the client. Not before, not once the agreement has run out. Although there are residual confidentiality issues that continue even after a listing expires.
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