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California Buyers and Sellers need to understand the Agency Disclosure...

By
Real Estate Agent with Berkshire Hathaway HomeServices California Properties 01238708

The California Agency Disclosure: buyers and sellers need to read and understand this disclosure form.

When an agent represents the buyer exclusively and vice versa, when an agent represents the seller exclusively, there are few questions and concerns about whose side the agents are on. Now when it comes to a dual agency situation it gets a bit more complicated.

In the State of California an agent can represent both parties in a transaction. The key is it must be done with “the knowledge and consent” of both parties i.e.: the buyers and the sellers.

This is known as a “dual agency situation”. Here the agent has the obligation to both the Seller and the Buyer at the minimum to:

(1)    a fiduciary duty of the utmost care, integrity, honesty and loyalty in the dealings with either the seller or the buyer. 

(2)    In this situation the agent may not, without the express permission of the respective party, disclose to the other party, that the Seller will accept a price less than the listing price or that the Buyer will pay a price that is higher than the list price or the offered price.

Let’s be realistic, the buyer’s motivation to use the listing agent, generally consists of two primary reasons:

 One of which happens to be, that they want to be assured aka a guaranteed, that they will get the property. Hence, they are trying to give incentives to the listing agent to make sure they get their offer accepted. Since being on both sides of the transaction translates to a full commission they believe that will assure them the property.

The second reason, often buyers mistakenly believe, that they will get “a better deal” i.e.: for less money than if they would have used another agent. Again, they believe that with the same incentives as above they can achieve their desired goal.

Now let’s be clear in California there are about 150,000 Realtors who abide by an ethics code, that the California Bureau of Real Estate has started to adopt. Then to boot the other 250,000+ Real Estate Practitioners might not have a Code of Ethics, never the less they fall under the California Civil Code which requires them to abide by their Fiduciary Responsibilities to the Sellers and or to  the Buyers.

Hence the likelihood that Real Estate Practitioner or that Realtor will jeopardize his or her license and potentially acquire fines on top is very unlikely. Yes, there might be a few bad apples out there in any profession, but it is a safe bet that they are a minority.

When I represent buyers or sellers I make sure that I can stand in front of a Judge and say “…well the reason I did or did not do something is…” Hence I feel confident that my ethics, morals and fiduciary responsibilities are met and not only met but carried out 100% to my client’s benefit.

In conclusion, more importantly than just to read the California Agency Disclosures, buyers and sellers need to get a good feeling about who will represent them in their purchase or sale of their properties. In short someone who has a high bar when it comes to ethics and morals.

If you are looking for a greater Los Angeles Realtor who will focus 100% on your wants and needs, please reach out to me directly.

 

 

www.endrebarath.com

 

 

 

 

 

If you are looking for a pet friendly Beverly Hills Realtor who can handle and sell the most difficult properties that no one else could, please reach out to me directly!! If you are considering buying or selling a home, a luxury home, luxury investment real estate, luxury vacation homes, or luxury beach properties in Southern California, Los Angeles, Century City, Westwood, West Hollywood, Beverly Hills, Marina Del Rey, Venice or Malibu, feel free to contact me at 310.486.1002 (m) or homes@endrebarath.com or visit one of my websites at http://www.endrebarath.com.  I contribute a portion of my commission to local animal rescue organizations.

Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Wayne Martin  great point and one can only hope that this is a rare situation, Endre

Apr 09, 2018 10:02 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Gabe Sanders  thank you for your support, Endre

Apr 09, 2018 10:02 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Hella M. Rothwell, Broker/Realtor®  yes I have seen it in the larger Teams some have dedicated Buyer's Agents, Endre

Apr 09, 2018 10:11 PM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Endre Barath, Jr. - this is one form from MA I go over with my clients - always. The first thing we need to discuss is this.

Apr 09, 2018 11:07 PM
Muhammad Mushtaq
Weichert, Realtors® - SBA Group - Fall River, MA
Broker/Realtor

In MA, we don’t represent both in a transaction rather we facilitate the transaction abiding code of ethics and fiduciary. Even the facilitation has to be with mutual agreement by all parties.

Apr 10, 2018 06:10 AM
Eva B. Liland Century 21 Doug Anderson
Century 21 Doug Anderson - Lancaster, CA
Glad to be of Service 661-714-1643

Very well written post Endre, its a fine line to walk and most clients after explaining it, does understand it.

Apr 10, 2018 07:24 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Great job on the explanation, Endre. No doubt there are plenty of buyers who do not understand how agency works, and perhaps some who don't care as long as they get the house.

Jeff

Apr 10, 2018 07:40 AM
Christine Kankowski North SD and Temecula
House Match Inc - Poway, CA
Excellent Sales and Property Management

Working with the highest ethics is essential to long term success, in my opinion. I have never regretted saying to when someone asks me to do something unethical. It is the key to my business. Great post'

Apr 10, 2018 08:04 AM
Chris B Johnson REALTOR®
Allison James Elite - Moorpark, CA
5 Star Rated REALTOR® Quality, Not Quantity

Great Post, Always disclose everything!!

Apr 10, 2018 08:15 AM
Todd & Devona Garrigus
Garrigus Real Estate - Beaumont, CA
Broker / REALTORS®

Great explanation of the agency disclosure, Endre. We handle our business similar to yours by always remembering we may have to explain every move and decision in a court of law.

Apr 10, 2018 09:19 AM
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Endre Barath, Jr. 

Did you follow that court case on dual agency where Coldwell Banker brokerage failed to properly disclose a beach front property to a foreigh investor on sf. The listing agent inlcuded garage as living area close to you ?  

Apr 10, 2018 09:29 AM
Hannah Williams
HomeStarr Realty - Philadelphia, PA
Expertise NE Philadelphia & Bucks 215-820-3376

Endre Barath, Jr.  When explaining this form to one of my clients they asked me do you think I am stupid ?  I told them No but by law I have to explain this to you . We also practice dual agency in Pennsylvania . By the way my clients were Doctors and used to disclosures . I laughed at them as the ones they made me sign before surgery were scary

Apr 10, 2018 11:08 AM
Jan Green - Scottsdale, AZ
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

Great explanation to the public so that they understand Agency.  I'm continually amazed at the conversations I have to make to help folks understand this topic.

Apr 10, 2018 10:30 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Debe Maxwell, CRS  thank you for your kind words as well as expanding on the post with your valuable comment, Endre

Apr 10, 2018 10:32 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Debbie Reynolds  yes it is easier just to say "do not do it" it is much harder to educate and walk the fine line, Endre

Apr 10, 2018 10:34 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Joy Daniels  I see many of the larger Teams in my market do the same thing, Endre

Apr 10, 2018 10:35 PM
Sheri Sperry - MCNE®
Coldwell Banker Realty - Sedona, AZ
(928) 274-7355 ~ YOUR Solutions REALTOR®

HI Endre Barath, Jr. - Congrats on your well deserved Gold Star!  This is a topic that we always need to fully explain and make sure we listen for understanding. 

Apr 11, 2018 08:36 AM
Jim Cheney
Saint Francis Property Santa Rosa, CA - Santa Rosa, CA
Rincon Valley Realtor 707.494.1055

Great post Endre Barath, Jr. I agree with you that some buyers think the sellers get some benefit by using the seller's broker.  They should know that a contract to pay a commission is already in place (The listing agreement) and most likely wont be renegotiated for the buyers benefit.  When a potential buyers asks me if I'm flexible with the sellers commission should they choose to use me, I reply "the commission has already been established and unfortunately is not subject to being  re-negotiated by the buyer"   

Apr 11, 2018 09:35 AM
Alesha A. Wilson, M.Ed.
Buy and Sell Oklahoma LLC - Oklahoma City, OK
Buy and Sell Real Estate with Confidence

Congratulations on the Featured Post Endre Barath, Jr. 
One of my favorite aspects of this career - the many opportunities we have to educate and inform the consumer.  Nice post!

Apr 13, 2018 10:29 AM
Dave Halpern
Dave Halpern Real Estate Agent, Inc., Louisville, KY (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Important stuff! There's a good reason this topic comes up in continuing education classes every year.

May 30, 2018 09:30 AM