Most sellers of real estate choose to list their home for sale with a real estate brokerage. When they do so, they sign a listing agreement that authorizes the brokerage and the listing agent to represent their interests. As the seller’s agent, the brokerage and listing agent must: follow the seller’s lawful i nstructions, be loyal to the seller, promote the seller’s best interests, disclose material facts to the seller, maintain confidential information, act with reasonable skill and care and, account for any money they handle in the transaction. In rare circu mstances, a listing broker may also offer "subagency" to other brokerages which would also represent the seller’s interests and owe the seller these same duties.
When purchasing real estate, buyers usually choose to work with a real e state agent as well. Often the buyers want to be represented in the transaction. This is referred to as buyer’s agency. A brokerage and agent that agree to represent a buyer’s interest inatransaction must: follow the buyer’s lawful instructions,be loyal to the buyer, promote the buyer’s best interests, disclose material facts to the buyer, maintain confidential information and account for any money they handle in the transaction.
Occasionally the same agent and brokerage who represents the seller also represents the buyer. This is referred to as dual agency. When a brokerage and its agent become "dual agents," they must maintain a neutral position between the buyer and the seller. They may not advocate the position of one client over the best interests of the other client, or disclose any personal or confidential information to the other party without written consent.
Representing Both the Buyer & Seller
On occasion, the buyer and seller will each be represented by two different agents from the same brokerage. In this case the agents may each represent the best interest of their respective clients. Or, depending on company policy, the agents may both act as dual agents and remain neutral in the transaction. When either of the above occurs, the brokerage will be considered a dual agent. As a dual agent the brokerage and its managers will maintain a neutral position and cannot advocate for the position of one client over another. The brokerage will also protect the confidential information of both parties.
Working With PropertyPaths.com, LLC
PropertyPaths.com, LLC does represent both buyers and sellers. When PropertyPaths.com, LLC lists property for sale all agents in the brokerage represent the seller. Likewise when a buyer is represented by a PropertyPaths.com, LLC agent, all the agents represent the buyer. Therefore, when a buyer represented by a PropetyPaths.com, LLC agent wishes to purchase property listed by our company, the agent(s) involved act as dual agents. This is true whether one agent is representing both parties or two separate agents are involved.
In the event that both the buyer and seller are represented by PropertyPaths.com, LLC agents these agents and PropertyPaths.com, LLC will act as dual agents but only if both parties agree. As dual agents they will treat both parties honestly, prepare and present offers at the discretion of the parties, and help th eparties fullfill the terms of any contract. They will not, however, disclose any confidential information that will place one party at an advantage over the other or advocate or negotiate to the detriment of either party.
If dual agency occurs you will be asked to consent to it in writing. If you do not agree to your agent acting as a dual agent, you can ask representation from another brokerage.
As a buyer, you may also choose to represent yourself on properties PropertyPaths.com, LLC has listed. In that instance PropertyPaths.com, LLC will represent the seller and you would represent your own best interests. Because the listing agent has a duty of full disclosure to the seller you should not share any information with the listing agent that you would not want the seller to know.
Working With Other Brokerages
PropertyPaths.com, LLC does offer representation to both buyers and sellers. When PropertyPaths.com, LLC lists property for sale it also cooperates with, and offers compensation to, other brokerages that represent buyers. PropertyPaths.com, LLC does reserve the right, in some instances to vary the compensation it offers to other brokerages. As a seller, you should understand that just because PropertyPaths.com, LLC shares a fee with a brokerage representing the buyer, it does not mean that you will be represented by that buyer's brokerage. Instead that company will be looking out for the buyer and PropertyPaths.com, LLC will be representing your interests. When acting as a buyer's agent, PropertyPaths.com, LLC also accepts compensation offered by the listing broker. If the property is not listed with any broker, or the listing broker does not offer compensation, we will attempt to negotiate for a seller-paid fee.