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For
purposes of these Definitions, buyer also means "tenant 'and seller
also means "landlord"
.Seller's Agent: A seller's agent: Is engaged as a limited
agent and works solely on behalf of the seller, Owes duties to the
seller which include the utmost good faith, loyalty and fidelity;
Will negotiate on behalf of and act as an advocate for the seller;
Must disclose to potential buyers or tenants all adverse material facts
about the property actually known by the broker. Seller is legally
responsible for the actions of the agent when such agent is acting
within the scope of the agency. A separate written listing
agreement is required which sets forth the duties and obligations of the
parties.
Seller's Subagent: A subagent: Is engaged as a limited agent and
owes the same duties of utmost good faith, loyalty and fidelity to a
seller as the seller's agent; Must make the same disclosures to
buyers concerning adverse material facts about the property; Will
negotiate and act as an advocate for the seller. Seller is legally
responsible for the acts of the subagent when such agent is acting
within the scope of the sub agency. Seller must give written permission
for the listing agent to employ subagents.
Buyer's Agent: A buyer's agent: Is engaged as a limited agent and
works solely on behalf of the buyer and owes duties to the buyer which
include the utmost good faith, loyalty and fidelity; Will negotiate
on behalf of and act as an advocate for the buyer; Must disclose to
potential sellers all adverse material facts concerning the buyer's
financial ability to perform the terms of the transaction and whether
the buyer intends to occupy the property. .Buyer is legally responsible
for the actions of the agent when such agent is acting within the scope
of the agency. A separate written buyer agency agreement is
required which sets forth the duties and obligations of the parties.
Dual Agent.- A dual agent is a broker who; With the
written informed consent of all parties to a contemplated real estate
transaction, is engaged as a limited agent for both the seller and
buyer. The seller and buyer may both be legally responsible for the acts
of the dual agent when such agent is acting within the scope of the dual
agency relationship. A written dual agency agreement addendum is
required (e.g., Dual Agency Addendum).
Transaction-Broker: A transaction-broker: Assists the buyer or
seller or both throughout a real estate transaction with communication,
advice, negotiation, contracting and closing without being an agent or
advocate for any of the parties-, A transaction broker does owe the
parties a number of statutory obligations and responsibilities,
including using reasonable skill and care in the performance of any oral
or written agreement-, Must also make the same disclosures as agents
about adverse material facts concerning a property or a buyers
financial ability to perform the terms of a transaction and whether the
buyer intends to occupy the property. The parties to a transaction are
not legally responsible for the actions of a transaction-broker and a
Transaction-broker does not owe those parties the duties of an agent. No
written agreement is required.
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