Agency
Agency as It Relates to Sellers:
As your REALTOR® in the sale of your property, I agree to represent
your best interests and to act as your
fiduciary. This means I owe you the duties of
loyalty, obedience, confidentiality, accounting and
reasonable skill and care in the performance of my duties. I
promise to uphold your best interest and hold confidential any information
you've shared forever. In addition, I have an obligation to disclose to
you all material information obtained from a buyer or from any other
sources.
You agree that other real estate agents, both within and outside my
company, may show your home and you also understand that it may be sold
by another REALTOR® in my company (in which case I will continue to
represent you, the other agent will represent the buyer and management,
in it's capacity as overseer, will act as "dual agent"). It is also
legal under Ohio law that I may bring the buyer. However, since you are
already my client, a new buyer would be a “customer” and while I owe
that customer the duty of honesty, my loyalty ultimately is to you, the
Seller.
Should a Buyer-client (with whom I’ve worked in the past and to whom I
already owe a fiduciary obligation) choose to view and buy your home,
this could only occur after discussion and disclosure to all parties.
You (and they) may choose:
(1) For me to continue with all parties thus making me a
"disclosed dual agent". Since I'd then owe both parties the same level
of duty, all interests would be held confidential and I'd not "take
sides" at all but simply act as a conduit of information in negotiations
between you and the buyer; or
(2) Either party may opt to choose separate representation, in which
case I'd represent you, the Seller, in negotiating the purchase, another
agent would be brought in to represent the Buyer and the agency would be
the "dual agent".
That's Ohio law. While it is permissible under the law to handle both
sides of a transaction, I take my fiduciary responsibility as a very
serious commitment that I make when listing your home and attempt to
avoid handling both sides.
Please feel free to ask me if you have any questions about Agency in the
State of Ohio.
Diane's Additional Websites:
NE Ohio Homes
Macedonia Real Estate
Diane, Your Keller Williams Agent
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