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A client has a contractual relationship with an agent, and an agent represents a client in a legal transaction. There is no agency agreement between a customer and a salesperson or broker. A customer becomes a client when a relationship is documented in an agreement.
What Is an Agent? An agent, in legal terminology, is a person who has been legally empowered to act on behalf of another person or an entity. An agent may be employed to represent a client in negotiations and other dealings with third parties. The agent may be given decision-making authority.
Dual agent A real estate agent may act as a double agent representing both the buyer and the seller in a real estate transaction but only with both parties' express consent. A dual agent shall be neutral concerning any conflicting interests of the seller and buyer.
An agency relationship is formed when the agent and a buyer or seller sign an agency disclosure or agreement form. In many cases, the client does not legally have to agree to sign anything. The agreement or disclosure states that the agent is acting on behalf and in the best interest of the client.
A buyer representation agreement works the same way as a listing contract, but it establishes the express agency relationship between the broker as the agent and the buyer as the principal.
To protect your finances and ensure you are selling or buying at the best possible price, it is probably best to avoid dual agency. Buyers or sellers may be inclined to work with a dual agent because they want to obtain confidential information about the person buying or selling the home.
A dual agent is an individual who acts as both the buyer's and seller's agent in a transaction. It is easy to confuse dual agents with designated agents. But unlike a dual agent, designated agents are two separate individuals representing the buyer or the seller.
When a licensee works with a person in a transaction then that individual is: - A customer, a customer is the seller in cases where the licensee represents the buyers, and the licensee is not practicing dual agency.
As a listing agent you control your time better. As a sellers agent, you set the timeline for your appointments, open houses, inspections and showings. Most of a buyer's agent day is spent on nights and weekends when their clients have the time to look, but sellers agents can set a more normal schedule.
With dual agency, the Realtor takes on the role of buyer's agent and seller's agent simultaneously in a specific transaction. A home is for sale. The Realtor offers to sell the house for the owner while also representing a buyer interested in the property.