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Personally, I will not be a Double Agent.
Here is a disclosure form I use.
I'm a REALTOR®, a member of the Canadian Real Estate Association and I subscribe to a Code of Ethics and Standards of Business Practice. One requirement of the Code is that REALTORS® must disclose in writing whom they are representing when providing Agency services:
Article 2: Disclosure of Role - Agency, A REALTOR® shall fully disclose in writing to, and is advised to seek written acknowledgement from, his or her Clients and those Customers who are not represented by other Registrants regarding the role and nature of the service the REALTOR® will be providing. This disclosure shall be made at the earliest possible opportunity and in any event prior to the REALTOR® providing professional services which go beyond providing information as a result of incidental contact by a consumer.
The difference between merely receiving information from an Agent and being represented by an Agent is the difference between a customer and a client.
SINGLE AGENCY (undivided loyalty)
- A buyer’s agent represents the buyer, preferably pursuant to a Buyer Agency Agreement. All fiduciary duties of an Agent apply.
- A seller’s agent represents the seller, either as a listing agent under a listing agreement with the seller or by cooperating as a sub-agent. All fiduciary duties of an Agent apply. Acknowledgement - This form does not create an agency relationship. Its purpose is to ensure that my clients and customers understand the role and nature of the service I will be providing and to acknowledge that disclosure of my role has occurred. I/We, __________________________________________ have read and understand this form and acknowledge that Larry Estabrooks, Agent & REALTOR®, disclosed he is representing:
DUAL AGENCY (conflict of interest)
- Dual agency occurs when a real estate Agency is representing both seller and buyer in the same transaction. Since the Agency promised confidentiality, loyalty, and full disclosure to both parties, it becomes necessary to limit these duties in this situation, if both parties provide informed consent in writing.If you find yourself about to become involved in a dual agency relationship, you have the right to say "No".
