One of the basic tenants I have always subscribed to is “FAIR and HONEST Business dealings” with all my Denver, and elsewhere, clients. I was thrilled to see that proclamation in the real estate commissions guidelines and definitions of real estate brokers. I take it even further with my standards which you can see by clicking here. But read on…
Businesses must treat customers fairly if they expect to do business with them again or get recommendations to their friends. Customers of stores like Nordstrom’s understand that a salesperson is an employee and represents the company.
The line becomes less clear in some industries, especially ones that involve real estate. Agency is a legal relationship authorizing a person to act for or in the place of another. It involves responsibilities that exceed treating a person fairly.
The duties a buyer or seller can expect to receive from a real estate salesperson or broker include but are not limited to honesty, accountability, full disclosure, representation and reasonable skill and care. Buyers and sellers might additionally expect representation, obedience, loyalty and confidentiality. State laws can differ on specific duties.
Mortgage and title officers are limited in their duties to the buyer to honesty and accountability and specific requirements under the federal Real Estate Settlement and Procedures Act.
A special relationship with a real estate agent makes it advantageous to have them coordinate efforts with the other professionals in the home buying process. Since most buyers’ and sellers’ transactions are infrequent, the agent can bring valuable experience to the transaction.
Every buyer and seller should discuss the level of service they expect from the real estate professional they work with. Another good question is what happens if the purchase and sale are within the same company.
Regarding agency, I have always chosen the direct route…that is to disclose the relationships early. And hopefully, when we talk about your real estate needs here in Denver, you will find that I always want to take the position of being on your side of the fence, not being on the fence as so many do today. My goal is to represent you, and your interests first. How can I do that? Well as an dear friend, attorney and instructor who is now gone on to greater things once said to me “Pete, you know what you are doing”.