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Dual AgentA dual 1 agent may not take any action that is adverse or detrimental to either party but must disclose known material defects about the property. A licensee must have the written consent of both parties before acting as a dual agent.
Agency agreements are contracts that give you the right to participate in a real estate transaction. Depending on the type, you may represent the seller or the buyer, you may be exclusive, or you may be helping the market without specific responsibility to sell a property.
The most common is the Exclusive Right to Sell or Lease Listing Agreement. The means there is an agency agreement between the seller and the broker, granting the broker the exclusive right to represent the seller in the sale or lease of the seller's property.
The five types of agents include: general agent, special agent, subagent, agency coupled with an interest, and servant (or employee).
Types of agency agreementsExclusive agency agreements. Exclusive agency agreements are commonly used for the sale of residential property.Sole agency agreements. A sole agency agreement is similar to an exclusive agency agreement.General listing / open agency agreement.Multiple listing.Auction agency agreement.
It is shockingly not uncommon in Pennsylvania for a real estate agent and broker to represent both the seller and the buyer in the consummation of the same residential real estate transaction.
An agency relationship is created in the following manners: Express Agreement, Implied from the Situation, Estoppel, by Necessity, or Ratified by the Principal.
Note that there are two types of agency: (1) actual, either express or implied, and (2) apparent. The relationship of an agent and a principal may also arise by estoppel, necessity or operation of law.
Agreement basically just means contract. This relationship between the parties can be in writing, can be verbal, or it can be from the conduct of the parties. This is similar to the Express/Implied-in-fact contracts.
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.