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Working With A Realtor

By
Real Estate Agent with Realty Executives Elite Ltd, Brokerage

The purpose of this "blog" is to create a means to present various documents to my potential clients so that I can send them to one source for their information requirements.  If I understand "blogging" properly, they can then read the document and respond with any questions they may have.

The first document that I would like to deal with is the one page form created by OREA, Ontario Real Estate Association, which briefly deals with the Agency Relationship.  The document is called "Working With A Realtor".

 Working With A REALTOR®

The Agency Relationship

1. Seller representation

When a real estate brokerage represents a seller, it must do what is best for the

seller of a property.

A written contract, called a listing agreement, creates an agency relationship

between the seller and the brokerage and establishes seller representation. It

also explains services the brokerage will provide, establishes a fee arrangement

for the REALTOR®'s services and specifies what obligations a seller may have.

A seller's agent must tell the seller anything known about a buyer. For instance, if

a seller's agent knows a buyer is willing to offer more for a property, that

information must be shared with the seller.

Confidences a seller shares with a seller's agent must be kept confidential from

potential buyers and others.

Although confidential information about the seller cannot be discussed, a buyer

working with a seller's agent can expect fair and honest service from the seller's

agent and disclosure of pertinent information about the property.

2. Buyer representation

A real estate brokerage representing a buyer must do what is best for the buyer.

A written contract, called a buyer representation agreement, creates an agency

relationship between the buyer and the brokerage, and establishes buyer

representation. It also explains services the brokerage will provide, establishes a

fee arrangement for the REALTOR®'s services and specifies what obligations a

buyer may have.

Typically, buyers will be obliged to work exclusively with that brokerage for a

period of time.

Confidences a buyer shares with the buyer's agent must be kept confidential.

Although confidential information about the buyer cannot be disclosed, a seller

working with a buyer's agent can expect to be treated fairly and honestly.

3. Multiple representation

Occasionally a real estate brokerage will represent both the buyer and the seller.

The buyer and seller must consent to this arrangement in writing. Under this

multiple representation arrangement, the brokerage must do what is best for both

the buyer and the seller.

Since the brokerage's loyalty is divided between the buyer and the seller who

have conflicting interests, it is absolutely essential that a multiple representation

relationship be properly documented. Representation agreements specifically

describe the rights and duties of everyone involved and any limitations to those

rights and duties.

4. Customer service

A real estate brokerage may provide services to buyers and sellers without

creating buyer or seller representation. This is called "customer service."

Under this arrangement, the brokerage can provide many valuable services in a

fair and honest manner. This relationship can be set out in a buyer or seller

customer service agreement. Real estate negotiations are often complex and a

brokerage may be providing representation and/or customer service to more

than one seller or buyer. The brokerage will disclose these relationships to each

buyer and seller.

Who's working for you?

It is important that you understand who the REALTOR® is working for. For

example, both the seller and the buyer may have their own agent which means

they each have a REALTOR® who is representing them.

Or, some buyers choose to contact the seller's agent directly. Under this

arrangement the REALTOR® is representing the seller, and must do what is best

for the seller, but may provide many valuable customer services to the buyer.

A REALTOR® working with a buyer may even be a "sub-agent" of the seller.

Under sub-agency, both the listing brokerage and the co-operating brokerage

must do what is best for the seller even though the sub-agent may provide many

valuable customer services to the buyer.

If the brokerage represents both the seller and the buyer, this is multiple

representation.

Code of Ethics

REALTORS® believe it is important that the people they work with understand

their agency relationship. That's why requirements and obligations for

representation and customer service are included in a Code of Ethics which is

administered by the Real Estate Council of Ontario.

The Code requires REALTORS® to disclose in writing the nature of the services they

are providing, and encourages REALTORS® to obtain written acknowledgement of

that disclosure. The Code also requires REALTORS® to submit written

representation and customer service agreements to buyers and sellers.

Acknowledgement by

__________________________________________________________________

(Names)

I/we have read and understand the Working with a REALTOR - The Agency

Relationship brochure:

Buyers

As buyer(s), I/we understand that

__________________________________________________________________

(Name of Brokerage)

Is (initial one)

______ Representing my interests, to be documented in a separate written agency

representation agreement, and I understand the brokerage may represent

and/or provide customer service to other buyers and sellers.

______ Not representing my interests, to be documented in a separate written

customer service agreement, but will act in a fair, ethical and professional

manner.

__________________________________________________________________

Signature Date

Sellers

As seller(s) I/we understand that:

__________________________________________________________________

(Name of Brokerage)

Is (initial one)

_______ Representing my interests, to be documented in a separate written agency

representation agreement, and I understand the brokerage may represent

and/or provide customer service to other sellers and buyers.

_______ Not representing my interests, to be documented in a separate written

customer service agreement, but will act in a fair, ethical and professional

manner.

__________________________________________________________________

Signature Date

In real estate, there are different possible forms of agency relationship:

This form is for information only and is not a contract.

For the purposes of this information, the term "seller" can be interpreted as "landlord" and "buyer" can mean "tenant"

Bill Kennedy
Keller Williams Greenville Upstate - Greenville, SC
Homes For Sale Greenville SC

Welcome to Active Rain! This is a great website for building your business, as well as learning from others.  Pat yourself on the back, because you made a GREAT choice in joining the blogosphere!

Write often, and write whatever comes to mind.  Blogs about personal topics and non-real estate items are often the best.  It helps your readers to bond with you, and ends up bringing you a lot of business!

Good luck with your future blogging.  If you'd like more info on points in Active Rain, I wrote a blog about it (click here). Feel free to ask me any questions if you need a hand!

Dec 08, 2008 03:06 PM
Larry Estabrooks
Independent Real Estate Agent - Moncton, NB
100% representation means NEVER DUAL AGENCY !

Hello Robert and welcome to active|rain. I'm inviting you to join an active|rain group. This one is comprised of your fellow Canadian REALTORS® who are also blogging on Active|Rain , the Canada, eh group - http://activerain.com/groups/Canada. When I log in on ActiveRain.com, I always check the Canada, eh group first to read the Canadian perspective since Canadian bloggers are so much easier to find on the group home page. And please include any of your posts with a Canadian angle by also posting them to the group. (although please no "property for sale" postings),

Should you decide to join the Canadians, then let me say "Welcome!"
Larry, group founder and moderator, Moncton, New Brunswick

Dec 09, 2008 02:05 PM
Keith Elliott Jr
KEIRE Realty Group - Manassas, VA
Principal Broker/Owner

Hello Robert,

Welcome to Active Rain and congrats on your first post! The opportunities to learn and network are incredible here. Best of luck to you!

-Keith

Dec 12, 2008 02:57 PM