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The "F" Word in Real Estate

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Real Estate Agent with Savvy + Company (704) 491-3310 228209

The "F" Word in Real Estate

Let's talk about the "F" word. No...not that one. Get your mind out of the gutter!! I’m talking about the word that should define every real estate professional: fiduciary.

It's not a particularly glamorous word and it's certainly not one you're likely to see trending on social media. In fact, I'm not sure how many consumers could actually define it if we asked them. But in real estate, it's one of the most important words in our vocabulary because it gets right to the heart of what we're hired to do.

When a client chooses us to represent them, they're trusting us with far more than showing houses, putting a sign in the yard, writing a contract or negotiating repairs. For most people, buying or selling a home involves one of the largest financial transactions they'll ever make. They're sharing personal information with us, relying on our knowledge and trusting that the advice we're giving them is based on what is best for them—not what is best for us. That's where fiduciary begins.

We establish that relationship when agency is created, but I think our responsibility starts with making sure our clients actually understand what that relationship means. Agency shouldn't be reduced to, "Sign here, here and here." We need to explain who we represent, what we're obligated to do for them and what they should expect from us throughout the process.

Once that relationship is established, fiduciary isn't something we pull out of the file when we need it. It's something we practice throughout the entire relationship.

For me, it comes down to one very simple question that should be running quietly in the background of every recommendation we make: Is this in my client's best interest?

Sometimes the answer means telling a buyer that the house they've fallen in love with has issues that concern me and they need to think very carefully before moving forward. It may mean advising a seller that the price they have in mind isn't supported by the market, even though agreeing with them would make getting the listing a whole lot easier.

And sometimes it simply means having a difficult conversation when it would be much more comfortable not to. That's the part of fiduciary that doesn't fit ‘neatly’ on a disclosure form.

It's keeping confidential information confidential. It's negotiating fiercely while remaining professional. It's making sure material facts are disclosed, explaining options clearly and helping our clients understand the possible consequences of the decisions they're making. It's recognizing potential conflicts of interest and addressing them openly. And yes, it's protecting our client's financial interests even when doing so might make our own job harder.

Our commission should never be the deciding factor in the advice we give.

I also think honoring our fiduciary responsibility means remembering that our clients hired us for our experience. They don't need us simply to agree with everything they say. They need us to tell them what we know, what we see, what concerns us and what we believe they need to consider. Ultimately, the decisions belong to them, but they deserve to make those decisions with the benefit of our knowledge and our undivided loyalty.

The transaction will eventually close and, technically, that fiduciary relationship will come to an end. But I've always believed the trust we built while honoring it shouldn't.

Years later, I want a former client to be able to pick up the phone and call me with a real estate question because they remember how they were treated when they were my client. Not how quickly we got to closing, not how many homes I sold that year, but how they were treated.

We spend a lot of time in this business talking about marketing, production, lead generation, technology and now, of course, AI. All of those things have their place. But none of them can replace the foundation of what we do. Trust.

And trust is built when we establish our fiduciary responsibility, carry it out every step of the way and honor it for the duration of the relationship—even when doing so isn't the easiest path.

So, yes, let's talk more about the "F" word in real estate.Fiduciary. Because it's far more than a legal obligation.

It's a promise.

Comments(16)

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Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Real Estate Broker

Debe Maxwell, CRS amen to that, Debe. And this is why I "see red" every time I see a question in our Q&A section asking which is the most important fiduciary duty. It amazes me that people don't get that it's all or nothing.

Aug 21, 2026 04:14 AM
Adam Feinberg

So True!

Aug 22, 2026 06:35 PM
Debe Maxwell, CRS

Yes!!! It is 100% all or nothing, Nina Hollander, Broker! I don't get that question either and what is so shocking about it is that an educator is ASKING it!!

Aug 21, 2026 08:32 PM
Kat Palmiotti
Kalispell, MT
Montana is the place to be

Excellent explanation of what fiduciary really means. There is a financial company (I don't remember which) which specifically says, "Yes, I am a fiduciary" and I laugh because no one knows what that means. Anyone who reads this post will understand!

Aug 21, 2026 04:42 AM
Debe Maxwell, CRS

Our MLS posted a notice about the "F" word recently and I thought it would be a great topic to 'teach,' Kat Palmiotti! I too, have heard those ads and wonder why they use it so freely without any explanation at all.

Aug 21, 2026 08:34 PM
Wayne Martin
Wayne M Martin - Oswego, IL
Real Estate Broker - Retired

Good morning Debe. As society trends towards a more casual approach tho things, agent should tighten up on the meaning of the F-word in real estate. If you can't, seek another profession. Enjoy your day.

Aug 21, 2026 04:57 AM
Debe Maxwell, CRS

You bet, Wayne Martin! It's one of those 'must' things in this career.

Aug 21, 2026 08:35 PM
Roy Kelley
Retired - Gaithersburg, MD

Good Friday morning, Debe. Thank you very much for sharing your experience and advice. I will post this blog on X.

Aug 21, 2026 05:10 AM
Debe Maxwell, CRS

Well, thank you so much, Roy Kelley! I'm working on doing a little more X-ploration as I seem to have abandoned that platform!

Aug 21, 2026 08:36 PM
Ed Silva, 203-206-0754
203-206-0754 - Waterbury, CT
Retired Real Estate Broker

Debe, as a keeper of the keys of knowledge for clients, we have to be attentive to what they are committing to as well as watching that they don't have issues later. It isn't a dollar sign that some see as the face of their clients.

Aug 21, 2026 05:11 AM
Debe Maxwell, CRS

Exactly! It's more like 'loss' of dollars if you lead your clients astray. Right, Ed Silva, 203-206-0754?

Aug 21, 2026 08:36 PM
Debe Maxwell, CRS

#Truth, Ed Silva, 203-206-0754!

Aug 23, 2026 06:03 PM
Ed Silva, 203-206-0754

Debe, more like a loss of integrity because of the pursuit of the dollars

Aug 22, 2026 02:07 AM
Gwen Fowler SC Lakes & Mountains 864-710-4518
Gwen Fowler Real Estate, Inc - Walhalla, SC
Gwen Fowler Real Estate, Inc.
Debe, you’ve captured the true essence of our role in this post. Prioritizing our clients' best interests above everything else is what sets a true professional apart!
Aug 21, 2026 06:02 AM
Debe Maxwell, CRS

100%, Gwen Fowler SC Lakes & Mountains 864-710-4518. It's THE most important thing we do in our profession.

Aug 21, 2026 08:37 PM
Nick Vandekar, 610-203-4543
Realty ONE Group Advocates 484-237-2055 - Downingtown, PA
Selling the Main Line & Chester County

When commission was published in the MLS, I know several realtors would not show a property if the commission was below what they wanted. The new changes to real estate make explaining your value to buyers an up front issue and how you will get paid. I know I never used to look to see what I was going to get paid as it was not important to me other than doing a good job for my client.

Aug 21, 2026 06:31 AM
Debe Maxwell, CRS

That used to infuriate me, Nick Vandekar, 610-203-4543...until I started listing my short sale properties at a higher percentage than I received--2% higher, as a matter of fact. The agents came out in droves. It was disgusting BUT, their greed served my clients well, saving them from foreclosure. I kid you not.

Aug 21, 2026 08:39 PM
Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

That is a long F word, but oh so important in the real estate industry, along with some others, haha.

Aug 21, 2026 06:44 AM
Debe Maxwell, CRS

I have 2 favorite 'f' words, Brian England! When I slip up and use one of them, Ray calls me a potty mouth!

Aug 21, 2026 08:40 PM
Brian England

Well, I have a feeling that Red Snapper slips up more often than you do Debe Maxwell, CRS, haha.

Aug 22, 2026 08:41 AM
George Souto
George Souto NMLS #65149 - Middletown, CT
Your Connecticut Mortgage Expert

Debe by far the majority of Realtors abide by their fiduciary responsibility, BUT there are a small minority that treat the Real Estate F-Word as another F-Word with fewer letters.

Aug 21, 2026 04:43 PM
Debe Maxwell, CRS

Oh, that is so true, George Souto! I occasionally use that other 'f' word when other agents are making it difficult for my clients!!

Aug 21, 2026 08:41 PM
Lew Corcoran
Better Living Real Estate, LLC - East Bridgewater, MA
Expert guidance. Exceptional results.

You definitely hooked me with that title, Debe Maxwell, CRS, but you're so right about how we must always protect our clients first! It's way too easy for some folks to forget that building trust matters more than a fast paycheck. Thanks for sharing this wonderful message with all of us today! :)

Aug 21, 2026 05:03 PM
Debe Maxwell, CRS

LOL That was the intention (to hook you), Lew Corcoran! It truly is super easy to follow the letter of the 'law' of fiduciary. I hate seeing other agents focused on that paycheck.

Aug 21, 2026 08:42 PM
Kathy Streib
Cypress, TX
Retired Home Stager/Redesign

Debe- Wonderful!   You and most of the agents know what is meant by the word  fiduciary but I'd imagine many buyers and sellers don't.   What an agent does or doesn't do is always in the client's best interest. 

When we've looked for homes, I've had more than one agent tell me something about the seller or buyer that they should have left unsaid.

Aug 21, 2026 05:25 PM
Debe Maxwell, CRS

What an agent does or doesn't do should absolutely be what is in the best interest of their clients, Kathy Streib. Funny but, when the agent on the other side shares good info on their clients, I always relay that with glee!! We are NOT supposed to know anything at all about them!

Aug 21, 2026 08:44 PM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 

"Agency Relationships"

 

       Excellent post Debe Maxwell, CRS !   

     The difference between Client and Customer, and a breakdown of WHO do you (the Agent) represent (or perhaps you represent nobody; you are only the Facilitator of the Sale).

 

     In my State of Florida, the majority of residential transactions are "Transaction Brokerage".  There is NO FIDUCIARY.   

 

     Here is the Florida Statute/Law that defines Brokerage Relationships.   Notice the LEGAL FORM stating "Single Agent Notice" that must be signed in order to establish a Fiduciary.

 

    Dual Agency is illegal in Florida, but many people would opine that "Transaction Brokerage" is a work-around that was lobbied by the Big Companies (who wanted to keep both sides of the commission in the sale).

 

    It is amazing how many Agents say "My client, My seller, My buyer" when they have no Fiduciary with the party or parties involved.   And it is equally amazing (and troubling) how many Agents don't know who they represent (if anybody!)

     It is also interesting how many Agents and Brokers will write volumes of words defending how they can "represent both parties" in a real estate sale.  No, you cannot represent two opposing parties.  You either represent (have a Fiduciary with) the Buyer, or with the Seller.  You cannot claim "loyalty, confidentiality, etc." with two parties who are defined by Law as legal adversaries!

 

  My acid test is this:  if the Buyer and Seller were to get into a Lawsuit, and go to Court, and you (the Agent or Broker involved in the sale) had to appear in that Court regarding that Lawsuit, WHO would you sit with?  The Buyer, or the Seller?

 

  * There is nothing inherently wrong or illegal with being a Transaction Broker (see the Florida Statute).  But choose your words carefully when stating who it is you claim to represent.  (Transaction Brokers represent THE SALE, they do not represent either the Buyer nor the Seller!)

 

 

   

Aug 22, 2026 05:16 PM
Debe Maxwell, CRS

FANTASTIC answer, Fred Griffin Florida Real Estate! In NC we have dual and in SC we have both dual and transaction brokers. It's maddening to hear agents say, "MY buyers or MY sellers" and they're on BOTH sides! Oh how I wish it was illegal in both states that I serve. I totally agree - "Who will you be standing beside in a court of law?" NO way can you be dual or a TB and say one way or the other. Who on earth wants that style of representation? 

 

Aug 23, 2026 08:49 AM
Clay R. Seay

100% Fred ! Florida is by default a Transaction Broker state, unless otherwise stated, in writing. Florida issues licenses as Sales Representatives, not Agents. Terminology is critical to conversations, but sadly, most mis-speak as you noted. 

Aug 22, 2026 07:22 PM
Dr. Paula McDonald
Sand 'n Sea Properties - Galveston, TX
Galveston, TX 936-203-0279

Excellent post on this topic. I was just having this conversation yesterday with an agent.

Aug 22, 2026 05:42 PM
Debe Maxwell, CRS

I feel like we need to be having MORE conversations about this topic, Dr. Paula McDonald

Aug 23, 2026 08:50 AM
Adam Feinberg
Howard Hanna Elegran - Manhattan, NY
NYC Condo, Co-op, and Townhouse Advisor

It still amazes me how few agents seem to understand this. I can't tell you how many times I have picked up on something that the client missed or didn't know to ask about that was significant enough to potentially kill a deal. In most cases this is occurring prior to attorney due diligence- but even on occasion where the client is ready to move forward in the absence of commentary from the attorney.  

Aug 22, 2026 06:39 PM
Debe Maxwell, CRS

Exactly, Adam Feinberg! And that is such an important part of our fiduciary responsibility. Our clients don't know what they don't know—and they shouldn't be expected to. Experience teaches us what to notice, what questions to ask and when something deserves a closer look. Sometimes protecting a client's best interests means pointing out the very thing that could derail the deal. That's not killing a transaction—that's doing our job!

Aug 23, 2026 08:55 AM
Jacob Campbell
The Keyes Company - Boynton Beach, FL
Real Estate Agent

Love this post. If it's my client they're getting every piece of info I can find.

Aug 25, 2026 09:26 PM
Debe Maxwell, CRS

Oh you BET, Jacob Campbell! It amazes me that finding that info isn't on some agent's minds. I have had buyers of my listings call me after the sale, asking me for documents that I had in MLS to share with buyers' agents and they hadn't downloaded those docs to share with their clients!

Aug 29, 2026 09:44 AM
Ken Semler
ImpresaModular.com - Martinsburg, WV
Nationwide Custom Modular Home Builder

That fiduciary mindset is what separates a true advisor from someone simply facilitating a transaction. Clients need professionals willing to tell them what they need to hear, not just what keeps the deal moving.

Aug 29, 2026 08:57 AM
Debe Maxwell, CRS

Oh, you're so right, Ken Semler! That hard-truth could be the information they need to have to either move forward or not and either way, I support their decision!

Aug 29, 2026 09:45 AM