Details of
a Listing Contract: Agency Duties of a Listing Agent
Many people
think of the real estate agent as a salesperson.
Many agents (perhaps most agents) would jump at the chance
to be "just" a salesperson. But they aren't just a
salesperson. Most states have legislated it so that
real estate agents are also -- agents.
An agent is
"responsible" to their clients. They have a duty,
called a "fiduciary duty." This means the agent is
responsible to act in the best interests of their client.
A car salesman does not have to act in your best interests
-- they just have to sell the car. It isn't that
simple for real estate agents.
Real estate
agents not only have to sell the house, they have to be
responsible. That involves a lot of liability, which
is one reason for all the disclosures and the pages and
pages of contracts, and why they want to be paid for being
more than "just" a salesman.
The listing contract will specify that
your agent is acting as a "seller’s agent." This means that,
in the sale of your house, they are working for you and only you -- and
looking out for your best interests.
However, there may be times when your listing agent has a client who
wants to buy your home. For that reason, there is a little "wiggle
room" in the listing contract. If your agent also represents the
buyer, the listing contract should specify that they provide an
additional disclosure that details whether they continue to act as your
agent or assume the duties of a dual agent.
The
contract also provides permission for your listing agent
to act as an agent for others on other transactions. They
can continue to list other properties, and represent
buyers looking at other homes besides yours.
© 2000 by Terry Light and RealEstate ABC, revised 2004
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