| Transaction
Brokerage Transaction
brokerage describes a brokerage arrangement whereby the
real estate licensee assist one or more parties, who are
customers, in a contemplated real estate transaction,
without being an agent, fiduciary, or advocate of that
party to the transaction. This means that real
estate brokers and salespeople can act as intermediaries
between buyers and sellers. With this type of brokerage
arrangement, home buyers and sellers are customers and
not clients of the licensees with whom they are working.
The basic function of the licensee is to bring buyers and
sellers together so that a real estate sale can be
completed. Sellers will employ the licensee to help
market their real estate by identifying qualified buyers
and showing their properties to prospective purchasers.
This will usually also involve advertising properties for
sale in newspapers and other media. Sellers will commonly
also rely on the expertise, experience, and advice of the
real estate licensee to help make their property ready
for sale and determine an appropriate asking price.
Buyers, in turn, rely on the services of brokers to find
and show them suitable real estate that they can afford
and have the desired characteristics. Real estate
professionals may also help customers obtain mortgage
financing as well as assist them with finalizing the real
estate sale and recording the deed and other documents
associated with the sale.
Transaction brokerage arrangements
are usually best suited for customers who are primarily
interested in the marketing services and expertise that
can be provided by real estate professionals, but who do
not need an agent to represent them in the
negotiations for the sale or purchase of real estate.
Under transaction brokerage, the licensee must provide
brokerage services to all parties honestly and in good
faith and avoid showing favoritism to either buyer or
seller. New York law also requires all licensees exercise
reasonable care and skill when providing brokerage
services, answer all questions completely and accurately,
and present all written purchase offers to sellers
promptly and in truthful manner.
Licensees must also keep
confidential any information given to them in confidence,
unless disclosure of this information is required by law.
For sellers, this means that licensees must answer a
buyer's questions about the condition of the property
completely and honestly. In addition, the buyer must be
told about any hidden defects known to the licensee that
could affect the health or safety of occupants.
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