Minnesota Co Brokerage Agreement

State:
Multi-State
Control #:
US-OL29A082B
Format:
Word; 
PDF
Instant download

Description

This office lease form is an agreement between the landlord, owner of the property, a broker and an outside broker. This Letter Agreement was written as an inducement for each of the parties to continue negotiations and to set forth the conditions of the agreement between Outside Broker, Broker and Landlord.

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FAQ

In co-brokering, one broker works with the buyer and a different broker works with the seller and the brokers split the commission of the sale.

Broker represents both the seller(s) and the buyer(s) of the property involved in this transaction, which creates a dual agency. This means that broker and its salespersons owe fiduciary duties to both seller(s) and buyer(s).

Licensees shall obtain a signed listing agreement or other signed written authorization from the owner of real property or from another person authorized to offer the property for sale or lease before advertising to the general public that the real property is available for sale or lease.

Because the parties may have conflicting interests, broker and its salespersons are prohibited from advocating exclusively for either party. Broker cannot act as a dual agent in this transaction without the consent of both seller(s) and buyer(s).

The fiduciary duty of loyalty and confidentiality in terms of pricing is especially challenging in a dual-agency situation. When a dual agent represents both a buyer and a seller, the broker cannot disclose to the seller that the buyer is willing to pay more than the buyer's written offer.

If a broker or salesperson working with a Seller as a customer is representing the Buyer, he or she must act in the Buyer's best interest and must tell the Buyer any information disclosed to him or her, except confidential information acquired in a facilitator relationship (see paragraph IV below).

In other words, a dual agent represents both the buyer and seller in a real estate deal. Dual agency is illegal in the following eight states: Wyoming, Alaska, Vermont, Colorado, Flroida, Maryland, Texas, and Kansas. All the other states and the District of Columbia, permit dual agency.

Ing to Minnesota law (largely written by Realtors); When dual agency occurs, the salesperson (or salespersons) and the brokerage firm are legally prohibited from, ?advocating for one party to the detriment of the other.? MINN. STAT. 82.67.

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Minnesota Co Brokerage Agreement