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Information & Disclosure Regarding Real Estate Agency Relationships

An agency relationship arises whenever two persons agree that one is to act on behalf of the other and in accordance with the other's directions. The creation of an agency relationship imposes certain legal duties on the agent. They are the fiduciary duties of loyalty, obedience, disclosure, confidentiality, reasonable care and diligence, and accounting in dealings with the client.

Before a seller or a buyer enters into a discussion with a real estate agent regarding a real property transaction, the seller and the buyer should each understand what type of agency relationship or representation the seller and/or the buyer may have with each agent in that transaction.

IF THE AGENT REPRESENTS THE SELLER: The agent becomes the seller's agent by entering into a listing agreement with the seller or by agreeing to act as a subagent through a listing agent. A subagent may work for a different real estate company. A listing agent or subagent can assist the buyer but does not represent the buyer. A listing agent or subagent must place the interest of the seller first. The buyer should not tell a listing agent or subagent anything the buyer would not want the seller to know, because a listing agent or subagent must disclose to the seller any information he or she knows. It is an agent's duty to disclose to all parties all facts known to the agent which materially affect the value or desirability or the property, and which are not known to or apparent with diligent attention and observation of the parties.

IF THE AGENT REPRESENTS THE BUYER: The agent typically becomes the buyer's agent by entering into an agreement to represent the buyer. A buyer's agent can assist the seller but does not represent the seller. A buyer's agent must place the interests of the buyer first. The seller should not tell a buyer's agent anything of a personal or confidential nature that the seller would not want the buyer to know, because a buyer's agent must disclose to the buyer any information he or she knows. It is an agent's duty to disclose to all parties all facts known to the agent which materially affect the value or desirablility of the property, and which are not known to or apparent with diligent attention and observation of the parties.

IF THE AGENT REPRESENTS BOTH THE SELLER AND THE BUYER AT THE SAME TIME: An agent may not act as an agent for more than one party to a transaction without the disclosed and informed consent of both the seller and the buyer. The agent is required to treat both the seller and the buyer honestly and impartially so as not to favor one party or work to the disadvantage of any party. Unless written permission from the seller or the buyer, whichever is appropriate, is obtained, the agent is prohibited from disclosing: (a) that the seller will accept the a price less than the asking price; (b) that the buyer will pay a price greater than the price submitted in a written offer; (c) any confidential information; or (d) any other information a party specifically instructs the agent in writing not to disclose, unless disclosure is required by law. Therefore, the agent's duties are more limited if he or she represents both parties. There are potential conflicts of interest when an agent represents more than one party. The agent is obligated to inform each party of all facts the agent knows which would affect the party's decision to permit the agent to represent both the seller and the buyer.

You have the right to choose the type of representation you wish to receive. Payment of a fee to an agent does not necessarily establish that the agent represents you. If you have any questions regarding the duties and responsibilities of the agent, you should resolve these questions before going further. Regardless of the agency relationships which may be established, you have the responsibility to protect you own interests. Once you have read and discussed this information with the agent, please acknowledge your receipt of a copy of this form. Your cooperation will help the agent to comply with the Regulations of the South Carolina Department of Labor, Licensing and Regulation, Real Estate Commission. The agent is required to provide this form to you and to disclose below whom the agent represents.

The above duties of the agent in a real estate transaction do not relieve a seller or buyer from the responsibility to protect his/her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. If legal or tax advice is desired, consult a competent professional.

Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction.
DISCLOSURE OF AGENCY:
Agent-named below represents:  Seller  Buyer  Seller and Buyer
WEICHERT, REALTORS® - Apex Realty By:  

ACKNOWLEDGEMENT OF RECEIPT OF AGENCY DISCLOSURE FORM: I acknowledge I have received a copy of this form. I understand that agreements I may sign may affect or change the agency relationships and that the agent may represent both seller and buyer only with the full knowledge and written consent of all parties.
Buyer:    Date:  
Buyer:    Date:  
E-Mail: 

This form is promulgated by the South Carolina Department of Labor, Licensing and Regulation, Real Estate Commission, for mandatory use by real estate licensees, Agents must conduct transactions without regard to race, color, sex, religion, handicap, family status, or national origin.
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»Client Service Commitment
»Customer Service Commitment
»Dual Agency Service Commitment
»Consumer Info - Acknowledgement of Agency Disclosure
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