| Single Agency
A single agency arrangement
describes a relationship whereby the real estate licensee
represents only on party in a real estate transaction.
In the case of single agency brokerage arrangements, the
real estate licensee represents either the buyer or
seller, but not both parties to the real estate
transaction. This type of brokerage arrangement is most
appropriated for consumers who need the advice and
negotiating skills of real estate professionals in
addition to their marketing services. If a seller enters
into a single agency agreement with a real estate broker,
the broker is referred to as a seller's agent. Under this
arrangement the broker must represent only the seller in
the negotiations with buyers. Here the broker will seek
the highest possible price and best possible sale terms
for the seller. This type of brokerage arrangement can
involve the use of subagents, especially in situations
where properties are marketed through a multiple listing
service.
Subagents are
empowered to act for another broker in performing real
estate services for that broker. The subagent
owes the same duties to the broker's client as the
broker. If a broker is an agent of the seller, then the
subagent is also the seller's agent. When examining
properties advertised through a multiple listing service
it is important for buyers to determine whether the
licensee that is showing them property is acting in the
capacity of a transaction broker, seller's agent, or as a
subagent of the seller.
Buyers should exercise care with
respect to the information they reveal to licensees
working as sellers agents. For example, if you are the
customer it would not be wise to tell a licensee the
maximum price you are willing to pay for a particular
property when considering making a formal purchase offer.
If you are the customer, the broker's primary
responsibility is to the seller. In this case, the
licensee, as the seller's agent, must convey such
information to the seller.
A buyer's agent describes a
real estate licensee who is employed by and represents
only the buyer in a real estate transaction.
This relationship is created by a written transaction.
This transaction should clearly state the service the
agent will perform for the buyer as well as specify how
the licensee is paid for services rendered in connection
with the real estate sale. In this case, the buyer is the
client or principal and the real estate broker is the
agent of and represents the buyer in dealings with
sellers.
This type of real estate brokerage
agreement should be used when the buyer needs guidance
and representation when negotiating with sellers to
purchase real estate. Buyers moving to a new location and
who are unfamiliar with local market conditions would be
those consumers most likely to benefit from this type of
agency arrangement. It is becoming increasingly common in
multiple listing situations for the selling broker ( a
licensee working with and showing properties to the buyer
) to be an agent of the buyer and the listing broker to
represent the owner-seller. Here, both the buyer and
seller, working through their respective agents, could
negotiate at arm's length with the benefit of
professional help.
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