Disclaimer (Legal Suites) List
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Please note that the list is provided for informational purposes only and should not be considered as a substitute for professional advice. Users are encouraged to conduct their own research and seek assistance from qualified professionals as needed.
Consumer Relationships Guide: Understanding the legal relationship with your real estate professional Buying or selling a property is probably one of the most important financial decisions you’ll make. This Guide explains the different relationships you can have with a real estate professional. Each has its own legal meaning and responsibilities, so it’s important to understand them. A real estate professional must give you this Guide and discuss it with you.
What this Guide explains There are three kinds of relationships you can have with a real estate professional.
The Guide also explains what happens when the buyer and seller have the same agent * A brokerage is the organization your industry professional works for.
Choosing to have an agent (also called an agency relationship) An agent is someone who acts on your behalf with your permission. If the agent is an individual, the agency relationship is between the individual and you. If the agent is a brokerage, the agency relationship is between the brokerage and you. When you appoint an agent, you’ll be asked to sign a written agreement that explains both the agent’s responsibilities and yours.
An agent’s responsibilities to you A sole agent acts for either the buyer or the seller in a trade or possible trade and has a duty to protect that client’s interests. In this relationship, the real estate professional has the highest level of legal responsibility to you. These responsibilities include:
Your responsibilities to the agent You must: • Give the agent any information or facts that could affect the transaction or their ability to act as your agent. • Pay the fees you agreed to pay your agent. Your written agreement will list, these fees. • Pay the agents expenses as outlined in your agreement.
Having a customer relationship with your real estate professional You can choose to represent yourself in a purchase or sale when a real estate professional represents the other party. In this case, you have a customer relationship with the real estate professional. They can’t give you the services they give when acting as your agent, but they can help make the purchase or sale happen. For example, they may agree to give you statistics or the names of appraisers, mortgage brokers, or other service providers. They may also help you complete standard forms. When a real estate professional works with you as a customer, they have a responsibility to act honestly, use reasonable care and skill, and make sure any information they give is correct.
Conflicts of interest—what happens when the same agent represents the buyer and seller In some cases, the same real estate professional or brokerage represents both the buyer and the seller. The people involved can decide to handle this several ways:
Working on the transaction, not for one side or the other When the agent facilitates the transaction, their responsibilities are to: • Be impartial in dealing with both sides • Not give confidential advice, support only one side, or use judgment or discretion that benefits one side over the other • Give both sides real estate statistics and information, including comparable property information from listing services and local databases • Give you agreements of purchase and sale, lease, and other relevant documents, according to your instructions • Promptly give you all offers and counter-offers to and from the other side, even if there is already a contract to buy or sell the property • Pass on all information to you that the other side wants you to know • Keep you informed of progress • Do anything else to serve both sides, as long as the agreement with each side allows it.
Making an informed choice about your relationships Your real estate professional must explain the responsibilities and limits of these relationships to you. To review: • A real estate brokerage can act as your agent. • An individual real estate professional can act as your agent. • You can be a customer to a real estate professional. • In a conflict of interest when the buyer and seller have the same agent, a real estate professional can facilitate a transaction between two sides with their permission.
The Real Estate Council of Alberta The Real Estate Council of Alberta is the standards-setting, governing body for real estate, mortgage brokerage, property management, and real estate appraisal professionals.
Real Estate Council of Alberta 202, 1506 11 Ave SW Calgary, AB T3C 0M9 1 (888) 425-2754 info@reca.ca www.reca.ca
Vernon Thompson
Realtor
Century 21 Bravo Realty
Cell: (403) 969-6231
Email: vernon.calgary@gmail.com
Website: www.ilistcalgary.com