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INFORMATION ABOUT REAL ESTATE
RELATIONSHIPS
The Code of
Ethics of the Canadian Real Estate Association requires its members to
explain the nature of their relationship with all parties whom they
contact in connection with a real estate transaction.
Before a
Purchaser or Vendor enters into a discussion with a Real Estate
Salesperson or Broker regarding a real estate transaction, the Purchaser
and the Vendor should understand what type of relationship or agency
representaion they have with the real estate company.
These
definitions will provide necessary information about various relationships
which are available through Real Estate Agents to persons who are
considering the purchase, sale or exchange or rental of real
estate.
THE AGENT is the
real estate company (the broker), its branch office and all of its
salespeople.
THE CLIENT is
the party who contracts for an Agent to act on behalf of that party to
assist with either the purchase, sale or rental of real
estate.
THE CUSTOMER is a
person who receives services from another person's
Agent.
AGENCY
RELATIONSHIPS
There are two
types of agency relationships: Single Agency and Dual Agency. SINGLE AGENCY exists when an agent
exclusively represents either the Vendor or the Purchaser. DUAL AGENCY exists when the same agent
represents both the Vendor and the Purchaser in the same
transaction. VENDOR - SINGLE
AGENCY - Under the Listing Agreement the listing broker and all
its sales representatives act as the agent for the Vendor, not the
Purchaser. The co-operating broker and all its representatives also owe
loyalty and other duties to the Vendor as sub-agents of the listing
broker. PURCHASER - SINGLE
AGENCY - Under its Agreement with the Purchaser, the
co-operating broker and all its sale representatives act as the agent for
the Purchaser. The co-operating broker and all its sale representatives
owe loyalty and other duties to the Purchaser, not the Vendor, and are not
sub-agents of the listing broker. The listing broker and all its sales
representatives continue to act as agent for the Vendor. VENDOR AND PURCHASER - DUAL AGENCY -
Dual Agency is permitted only when disclosed and with knowledge and prior
written consent of both parties. Disclosed dual agency most often occurs
when a Realtor is working on a transaction with two people he or she has a
relationship with. This could be a vendor or a potential purchaser who is
also a vendor with the same Realtor. In a dual agency situation, a Realtor
owes full disclosure to both the buyer and the seller. Any confidential
information must be shared with both parties, but the Realtor's goal
remains the same - putting together a willing purchaser and willing vendor
to complete a transaction. In a dual agency situation, a Realtor owes full
disclosure to both the buyer and the seller.
Generally, the listing
and co-operating brokers are the agents of the Vendor. The fiduciary
duties of loyalty and faithfulness are owed to their client, the Vendor.
While neither broker is the Purchaser's agent, they are able to provide
purchasers with a variety of valuable market information and assistance in
the decision making process such as:
- Provide a purchaser with information about
available properties and sources of financing;
- Show available properties and describe their
attributes and amenities to purchasers;
- Assist purchasers in submitting an Offer of
Purchase.
Both the Listings Broker and
the Co-operating Broker are obligated by law to treat both the Purchaser
and the Vendor honestly and fairly. They must:
- Present all offers to the Vendor promptly;
- Respond honestly and accurately to questions
concerning the property.
If you choose
to have a real estate broker represent you as your Agent, you
should:
- Enter into a written contract with the real estate
company which clearly establishes the obligation of the parties;
- Ensure that the agreement specifies how your agent
will be compensated.
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