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A
Realtor
is always an agent for someone in the transaction and
is obliged to look after the
best interests of the person for whom he or she is working. It is
important to know in advance who the Realtor is representing. There
are three basic forms of the relationship:
1.
Vendor's Agent
When
a real estate company is a "vendor's agent", it must do what is
best for the persons selling a property.
A vendor's agent must tell the vendor anything about a purchaser. For
instance, if a vendor's agent knows a purchaser is willing to offer more
for a property, that information must be shared with the vendor.
Confidences a vendor shares with a vendor's agent must be kept
confidential.
A purchaser can expect to be treated with fairness and have all pertinent
information about a property disclosed. In other words, there can be no
misrepresentation of the property. An Vendor's agent will not tell
you in advance what the vendor would be willing to accept. The
agent's job is to help the vendor get the most out of the transaction.
2.
Buyer's Agent
In
the past Realtors met prospective buyers at an open house or through a
phone call on an advertisement. The relationship was informal.
When a house was found sometimes after a lengthy search, an offer was
presented and the Realtor was paid of the commission paid to the
'listing broker' - (the company with the sign on the lawn). As
of January 2000 Realtors were obliged by the governing body of the real estate business in
Ontario, the Real Estate Council of Ontario (RECO), to enter into a
formal buyer's agreement. The "Buyer Agency Agreement" must
be signed "at the earliest practical opportunity, and in all cases
before any Offer to Purchase is submitted or presented."
This written contract establishes purchaser agency. It also explains
services the Realtor will provide, spells out who will pay and specifies
what obligations a purchaser may have. Typically, purchasers will be
obliged to work exclusively with that Realtor for a period of time.
There may even be a commission payable by the purchaser. A REALTOR working for a purchaser will keep information about the
purchaser confidential from the vendor.
3.
Dual Agency
Occasionally
a real estate company will be the agent of both the
purchaser and the vendor. This may happen when the purchaser wishes to buy
a property listed by the Broker. Under this "dual agency" arrangement,
the Realtor must do what is best for both the vendor and the purchaser.
Your agent will discuss dual agency during conversations dealing with
representation and provision of service. A Realtor can be a dual agent only if both the purchaser and vendor agree
in writing. |