A real estate broker who becomes an agent of a seller or buyer is deemed to be a fiduciary. Other examples of fiduciaries are trustees, executors, and guardians.
As a fiduciary, a real estate broker is held by law to owe specific duties to his/her principal (the person who they are representing), in addition to duties or obligations set forth in a listing agreement, buyer representation agreement, or other contract of employment. Subagents of the broker also owe the same fiduciary duties to the broker's principal. These specific fiduciary duties include:
One of the most fundamental fiduciary duties an agent owes to the principal. The duty obligates a real estate broker to act at all times, solely in the best interests of the principal, excluding all other interests, including that of the broker.
An example of breach of loyalty is when a broker purchases a property listed with his/her firm, and immediately resells it at a profit. Such conduct is usually considered appropriate and lawful by persons who act at arms length, but a fiduciary would be considered to have stolen an opportunity for profit that rightfully belongs to the principal.
|Must do everything possible to gain an advantage for the Seller.
|Must do everything possible to gain an advantage for the Buyer.
An agent is obligated to promptly and efficiently obey all lawful instructions of his/her principal that conform to the purpose of the agency relationship. However, the duty does not include an obligation to obey unlawful instructions, such as instructions to not market a property to minorities or to misrepresent the condition of a property.
|Must obey all lawful instruction of the Seller, is not obligated to obey instructions from the Buyer.
|Must obey all lawful instruction of the Buyer, is not obligated to obey instructions from the Seller.
An agent must disclose to the principal all known relevant and material information that pertains to the scope of the agency. The duty includes any facts affecting the value or desirability of the property, as well as any other relevant information pertaining to the transaction, such as the other party's bargaining position, the identity of all potential purchasers, information concerning the ability or willingness of the buyer to offer a higher price, any intent to subdivide or resell the property for a profit.
An agent's duty of disclosure to his/her principal must not be confused with a real estate broker's duty to disclose any know material facts about the property value to non-principals. The duty to disclose known material facts is based on a real estate broker's duty to treat all persons honestly. The duty of honesty does not depend on the existence of an agency relationship.
|Must reveal any known material defects in the property.
Must NOT reveal information about traffic problems, poor school system, declining property values, etc. since these items might make the property less desirable to Buyers.
|Must tell Buyer everything they can find out about the Seller including the motivation for selling and any reasons the Seller may have for wanting a quick sale.
Must tell Buyer everything they can find out about the property, including traffic problems, poor school system, high crime rates, etc.
An agent is obligated to safeguard his/her principal's lawful confidences and secrets. Therefore, a real estate broker must keep confidential any information that may weaken a principal's bargaining position. The duty of confidentiality precludes a broker who represents a seller from disclosing to a buyer that the seller can, or must, sell a property below the listed price. Conversely, a broker who represents a buyer is prohibited from disclosing to a seller that the buyer can, or will, pay more than what has been offered for a property.
The duty of confidentiality does not include an obligation by a broker who represents a seller to withhold know material facts about the condition of the seller's property from the buyer, or to misrepresent the property's condition. To do so constitutes misrepresentation and impose liability on both the broker and the seller.
|Must tell the Seller everything they can find out about the Buyer, including all financial details they can obtain.
Must conceal anything about the Seller that would help the Buyer gain an advantage, such as impending foreclosure, need to move in a hurry, need to sell to settle divorce, etc.
|Must keep all information about the Buyer confidential, including the Buyer's ability or willingness to pay more for the property than they are offering as well as the Buyers motivation for buying.
Reasonable care and diligence
An agent is obligated to use reasonable care and diligence when pursuing the principal's affairs. The standard of care expected of a buyer's or seller's real estate broker is that of a competent real estate professional. By reason of his/her license, a broker is considered to have skill and expertise in real estate matters superior to that of the average person.
As an agent who represents others in their real estate dealings, a broker or salesperson is under a duty to use superior skill and knowledge while pursuing the principal's affairs. However, no broker is expected to perform tasks or know information outside the scope of his/her real estate license. Real estate licensees are not expected to perform services normally provided by engineers, lawyers, accountants, or other professionals. If concerns arise outside the scope of a broker's responsibility, the broker should acknowledge that and suggest that the principal seek assistance from a reliable outside source.
|Must prepare themselves through education and study to competently represent the Seller in all matters.
|Must prepare themselves through education and study to competently represent the Buyer in all matters.
An agent is obligated to account for all money or property that belongs to his/her principal entrusted to that agent. The duty compels a real estate broker to safeguard any money, deeds, or other documents entrusted to them relative to their client's transactions of affairs.
|Must account to Seller for any money or documents entrusted to them.
|Must account to Buyer for any money or documents entrusted to them.
More About Professional Designations And Why They Are Important To You
The Secret Big Corporations Have Known For Years
Our Standards Of Practice - Exactly What We Will Do For You
What Others Say About Buyer Agency
Find A Buyers Agent In A Different City Or State
How Much Home Should You Buy?
You may have heard a real estate Agent or someone else say, "Always buy the biggest home you can afford. It is a good investment and the larger the investment the larger the return on investment will be".
But is that good advice for you? Maybe, maybe not.
When deciding to buy a home the first thing you need to do is get a loan. Yes, get the loan before you shop for homes. The lender will give you a letter stating how the maximum amount they will lend you given your income, debts, and the amount of cash available for down payment and closing costs.
Now that you know the maximum amount you can borrow and what the monthly payment will be on that amount, ask yourself some questions about your "comfort level". We all have a different comfort level when it comes to debt.
Some things that affect each individuals comfort level are:
Do I worry a little or a lot about money I owe?
Am I comfortable that my job is secure and my income will be stable for the next few years?
Do I reasonably expect to have a considerably larger income in the near future?
Am I willing to change my lifestyle (travel less, eat out less often, keep our car for a few more years) in order to make a house payment?
Think about all of that and then decide what payment you are comfortable with. If it is the maximum amount the lender has stated, fine. But if it is less than that amount, then buy less home.
The new home should be a place of comfort, not a place to sit in and worry about how you are going to pay for it!
Besides, you can always "move up" later if you situation or comfort level changes.