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When
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Real Estate Brokerage Relationships
What
is a Seller's Agent?
The seller's agent represents the
seller only, so the buyer may be either without representation or
represented by another agent. The seller's agent is responsible
for performing the following duties:
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Promoting the interests of the seller
with utmost good faith, loyalty and fidelity;
- Protecting the seller's confidences, unless
disclosure is required;
- Presenting all offers in a timely manner;
- Advising the seller to obtain expert advice;
- Accounting for all money and property received;
- Disclosing to the seller all adverse material
facts about the buyer that the agent knows;
- Disclosing to the buyer all adverse material
facts actually known by the agent, including:
- Environmental hazards affecting the property
that are required to be disclosed;
- The physical condition of the property;
- Any material defects in the property,
or in the title to the property; and
- Any material limitation on the seller's
ability to complete the contract.
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The seller's agent
has no duty to:
- Conduct an independent inspection of the property
for the benefit of the buyer;
- Independently verify the accuracy or completeness
of any statement by the seller or any qualified third party.
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What
is a Buyer's Agent?
The buyer's agent represents the buyer only,
so the seller may be either without representation or represented by another
agent. The buyer's agent is responsible for performing the following duties: - Promoting the interests of the buyer with utmost
good faith, loyalty and fidelity;
- Protecting the buyer's confidences, unless disclosure
is required;
- Presenting all offers in a timely manner;
- Advising the buyer to obtain expert advice;
- Accounting for all money and property received;
- Disclosing to the buyer all adverse material facts
that the agent knows;
- Disclosing to the seller all adverse material facts
actually known by the agent, including all material facts concerning
the buyer's financial ability to perform the terms of the transaction.
| The buyer's agent has no duty
to: |
- Conduct an independent investigation
of the buyer's financial condition for the benefit of the seller
- Independently verify the accuracy or completeness
of statements made by the buyer or any qualified third party.
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What
is a Designated Seller’s Agent? |
| The designated agent is a seller's
agent who has been designated by the broker to represent the seller
to the exclusion of all other licensees affiliated with the firm.
The designated agent performs all the duties of a seller's agent,
while the other agents in the firm perform the duties of a transaction
broker, unless they have a buyer agency agreement. |
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What
is a Designated Buyer’s Agent? |
| The designated agent is a buyer's
agent who has been designated by the broker to represent the buyer
to the exclusion of all other licensees affiliated with the firm.
The designated agent may show properties listed by other agents in
the designated agent's firm. The designated agent performs all duties
of a buyer's agent, while the other agents in the firm perform the
duties of a seller's agent or a transaction broker. |
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What
is a Transaction Broker?
The transaction broker is not an agent for either party, so the transaction
broker does not advocate the interests of either party. | The Transaction Broker is responsible for performing
the following duties: |
- Protecting the confidences of both parties,
including the following information:
- The fact that a buyer is willing to pay more;
- The fact that a seller is willing to accept
less;
- The factors that are motivating any party;
- The fact that a party will agree to different
financing terms;
- Any information or personal confidences
about a party that might put the other party at an advantage.
- Exercising reasonable skill and care;
- Presenting all offers in a timely manner;
- Advising the parties regarding the transaction;
- Suggesting that the parties obtain expert
advise;
- Accounting for all money and property received;
- Keeping the parties fully informed;
- Assisting the parties in closing the transaction;
- Disclosing to the buyer all adverse material
facts actually known by the transaction broker, including the
following:
- Environmental hazards affecting the property that are required
to be disclosed;
- The physical condition of the property;
- Any material defects in the property or in the title to
the property;
- Any material limitation on the seller's ability to complete
the contract.
- Disclosing to the seller all adverse material
facts actually known by the transaction broker, including all
material facts concerning the buyer's financial ability to perform
the terms of the transaction.
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| The transaction broker has no duty to: |
- Conduct an independent inspection of the property
for the benefit of any party;
- Conduct an independent investigation of the
buyer's financial condition;
- Independently verify the accuracy or
completeness of statements made by the seller, buyer or any qualified
third party.
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The Carnahan Group knows Wichita...
We would like to know you.
316-634-6767