Sidney by the Sea - Real Estate located in Sidney By The Sea - Vancouver Island, British Columbia
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Sidney by the Sea - Real Estate located in Sidney By The Sea - Vancouver Island, British Columbia
Working With A Real Estate Agent
An explanation of the relationship between you and a Realtor.
 
Your Relationship With A Realtor
 

Buying or selling a home is probably the most important and potentially rewarding financial transaction you'll make in your life. So it's a good idea to take a moment and consider the kind of relationship you might be entering into with a REALTOR. The more you know, the more satisfied you'll be with the results.

Download the "Working with a Real Estate Agent" brochure in PDF format - Click Here

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The Agency Relationship
 

Realtors work within a legal relationship called agency. The agency relationship is between, you the client, and your agent, the company with which the Realtor is licensed. Most Realtors use a blue brochure titled Working with a Real Estate Agent to disclose the nature of the agency relationship with their client.

A Realtor can act for a seller or a buyer, or to a limited degree, both. Whomever they represent, Realtors have a legal obligation to uphold the integrity of their clients, while protecting and promoting their interests.

Specifically, the agent has the following duties:

  1. Undivided loyalty. The agent must protect the principal's negotiating position at all times, and disclose all known facts which may affect or influence the principal's decision.
  2. To obey all lawful instructions of the principal.
  3. An obligation to keep the confidences of the principal.
  4. The exercise of reasonable care and skill in performing all assigned duties.
  5. The duty to account for all money and property placed in an agent's hands while acting for the principal.

You can expect competent service from your agent, knowing that the company is bound by ethics and the law to be honest and thorough in representing a property listed for sale. Both buyer and seller can be represented by their own agents in a single transaction.

Seller’s Agent
In order for your Realtor to list your property for sale on the Multiple Listing Service® (MLS®), the Real Estate Board of Greater Vancouver requires completion of a listing agreement. By signing the listing agreement with you, your Realtor has committed to uphold the obligations mentioned above. The listing agreement also states the amount of compensation that the seller will pay the Realtor.

Buyer’s Agent
The contract of purchase and sale is initiated when an offer is made by the buyer to purchase the seller’s property. The contract outlines the terms and conditions of the offer, such as offer price and any subject conditions. The seller may reject the offer or make a counter offer. Once all terms have been accepted and both the seller and the buyer have signed the contract, each party is legally bound to fulfill the conditions of the contract.

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Dual Agency
 

Dual agency is created when an agent represents both the buyer and a seller. This can happen if a Realtor who is representing a buyer sells one of his or her own listings to that buyer.

A dual agent must be impartial to both the buyer and the seller and fully disclose all information pertinent to the transaction. A Realtor can be a dual agent only if both the seller and the buyer agree in writing.

Remember: always read all contracts and disclosure forms before signing. If you have questions regarding agency relationships contact your Realtor or local real estate office.

If you find yourself involved in a dual agency relationship, before making or receiving an offer, both you and the other party will be asked to consent, in writing, to this new limited agency relationship. This relationship involves the following limitations:

a)

The agent will deal with the Buyer and the Seller impartially;

b) The Agent will have a duty of disclosure to both the Buyer and the Seller except that;

 

i) the Agent will not disclose that the Buyer is willing to pay a price or agree to terms other than those contained in the Offer, or that the Seller is willing to accept a price or terms other than those contained in the Listing;
    ii) the Agent will not disclose the motivation of the Buyer to buy or the Seller to sell unless authorized by the Buyer or the Seller;
    iii) the Agent will not disclose personal information of either the Buyer or the Seller unless authorized in writing;
c) The Agent will disclose to the Buyer defects about the physical condition of the Property known to the Agent.

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When There Is No Agency Relationship
 

You may also choose to use the services of a REALTOR without having any kind of agency relationship. This might occur, for example, when you are being shown a property by the seller's agent.

The REALTOR you choose to work with in this manner has a legal and ethical duty to provide you with accurate, honest answers to your questions and can provide all these services:

  • Explain real estate terms and practices
  • Provide and explain forms used
  • Assist you in screening and viewing properties
  • Inform you of lenders and their policies
  • Identify and estimate costs involved in a transaction
  • Assist you in establishing your range of affordability
  • Prepare offers or counter-offers at your direction
  • Present all offers promptly

A REALTOR who is not your agent cannot:

  • Recommend or suggest a price
  • Negotiate on your behalf
  • Inform you of his/her principal's top/bottom line
  • Disclose any confidential information about his/her principal unless otherwise authorized.

You should not provide a REALTOR who is not your agent with any information that you would not provide directly to his or her principal.

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Your Responsibilities As A Buyer Or Seller
 

As a buyer or a seller, you should:

  • Carefully read all documents and understand what you are signing.
  • If you need special or expert advice, seek other professionals such as lawyers, notaries, accountants, home inspectors, contractors, engineers and surveyors.

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Definitions
 

The Agent is the real estate company under which the individual salesperson who is representing you is licensed.

REALTOR, is often used interchangeably with Licensee, Real Estate Agent or Salesperson and in BC, is licensed under the Real Estate Act. A REALTOR can use the term REALTOR if he/she belongs to a local board or association that enforces a strict Code of Ethics.

The Buyer is often referred to as the Purchaser
The Seller is often referred to as the Vendor.
The Principal is someone who has engaged an Agent to act for and on his or her behalf either to buy or sell a home.

This information has been provided to explain various types of agency relationships and to help you understand what it all means. If you are still unclear about these concepts, feel free to seek legal counsel.

Members of the public are aware that in most cases properties offered for sale by members of the Real Estate Industry have a commission or fee that the Seller has agreed to pay the Listing Agent. The Listing Agent traditionally shares this commission/fee with the selling agent. Commission and fee may vary.

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No matter how you put it, Peter Nash has sold over:
 
1505 Acres or 609 Hectares or 65,557,800 Square Feet or 6,090,519 Square Metres of City, Country and Gulf Island Properties
and
51 Miles or 82.07 Kilometres or 269,280 Feet or 82,076.5 Metres of Waterfront Property
     
Macdonald Realty Ltd.