This document provides an overview of dual agency and brokerage relationships under Massachusetts law. It defines key terms like agency, principal, client, and fiduciary. It explains the requirements for dual agency, including obtaining written consent from both buyer and seller. A dual agent's duties are to treat both clients honestly and impartially by disclosing defects and presenting all offers. The document outlines different types of brokerage relationships like seller agency, buyer agency, and designated agency. It also discusses proper disclosure of relationships and compensation methods.
Real estate professionals must understand and be able to explain representation to their customers and clients. It is essential everyone in a transaction understands who the agent is working for. This course explains the Laws concerning Agency in detail.
Learn all about the new TREC contract forms required Jan 2016. Power point can be used alone or with text book for 30 hour TREC approved pre-licensing class. www.createspace.com/5249273.
Business law introduction to agency - Business Laws of AttractionChormvirak Moulsem
Business law of Attraction is very important to everyone in the world.Law of Attraction. Law of firms and business. Before you open business you have to read law. There are many laws in Cambodia . If you have done any wrong from the laws, you will be fine or punish by the level of you against the laws. Laws is laws. However, you have to obey the laws. As human, we live in society in order to help each other to obey the law. Laws is created by human. Human have to follow what it say in it.
Communication is about Laws too. PUC have one subject called Laws. Laws can learn in every school in Cambodia. Because it is Laws.
Real estate professionals must understand and be able to explain representation to their customers and clients. It is essential everyone in a transaction understands who the agent is working for. This course explains the Laws concerning Agency in detail.
Learn all about the new TREC contract forms required Jan 2016. Power point can be used alone or with text book for 30 hour TREC approved pre-licensing class. www.createspace.com/5249273.
Business law introduction to agency - Business Laws of AttractionChormvirak Moulsem
Business law of Attraction is very important to everyone in the world.Law of Attraction. Law of firms and business. Before you open business you have to read law. There are many laws in Cambodia . If you have done any wrong from the laws, you will be fine or punish by the level of you against the laws. Laws is laws. However, you have to obey the laws. As human, we live in society in order to help each other to obey the law. Laws is created by human. Human have to follow what it say in it.
Communication is about Laws too. PUC have one subject called Laws. Laws can learn in every school in Cambodia. Because it is Laws.
Know how to recognize and find solutions to valuing, managing, buying, and selling troubled real estate assets? After attending this forum you will have a good grip on the life cycle of a troubled asset and how you can recognize where business opportunities exist.
Listen as a banker, a broker and a property manager currently active in this market discuss such topics as:
• Identifying lender, broker, manager, and owner objectives.
• The cradle to grave story.
• The pitfalls of working the Troubled Asset Market.
• Identifying opportunities for yourself and your
clients.
• Where do REO listings reside?
• Get a feel for foreclosures and short sales.
• What is the sales hot button?
Agents have a fiduciary relationship with their principals. Duties: disclosure (open and honest); confidentiality; accounting (keep the principals informed); obedience to legal and ethical limits; loyalty; skill and care
Selling Historical Homes - RE15R07
Massachusetts Continuing Education Course – 2 Credits. Connecting a buyer to the “past” of a home can create value and salability. Learn the things buyers are looking for in older homes as well as how to go about discovering these facts.
Know how to recognize and find solutions to valuing, managing, buying, and selling troubled real estate assets? After attending this forum you will have a good grip on the life cycle of a troubled asset and how you can recognize where business opportunities exist.
Listen as a banker, a broker and a property manager currently active in this market discuss such topics as:
• Identifying lender, broker, manager, and owner objectives.
• The cradle to grave story.
• The pitfalls of working the Troubled Asset Market.
• Identifying opportunities for yourself and your
clients.
• Where do REO listings reside?
• Get a feel for foreclosures and short sales.
• What is the sales hot button?
Agents have a fiduciary relationship with their principals. Duties: disclosure (open and honest); confidentiality; accounting (keep the principals informed); obedience to legal and ethical limits; loyalty; skill and care
Selling Historical Homes - RE15R07
Massachusetts Continuing Education Course – 2 Credits. Connecting a buyer to the “past” of a home can create value and salability. Learn the things buyers are looking for in older homes as well as how to go about discovering these facts.
Massachusetts Continuing Education Course – 2 Credits This course is a general overview of the practice of Designated Agency. You will learn to identify the appointing agent, relationships amongst agents in the same office and relationship with the consumer. The required forms and disclosures will be reviewed and best practices for the timing of their use will be discussed. Risk and responsibilities will be identified.
MA CEU Due Diligence in Seller Representation Jody O'Brien
Massachusetts Continuing Education Course – 2 Credits. This course will exam ways a licensee can reduce risk as much as possible by ensuring accuracy of information, checking all data, and advising clients and customers to perform their own due diligence and seek legal counsel.
We are provides all kind of Payroll Consultant, Payroll Management Services, Payroll Services, Payroll Consultant Services, Payroll Consultants, Payroll Consultant in Delhi.
What does the future look like? Is it a dark space where we’re suffering from varying degrees of techamphetamine or are we heading towards a Utopian fantasy of abundance and harmony?
Understanding that our basic human needs and wants barely change, we explore the future state of a range of topics; from our need for physical sustenance through to our age-long fascination of transcending the limitations of our biology.
Looking at the future from a human perspective, our potential for greatness is teetering on a fine line between darkness and hope. We’re banking on the latter.
Dan starr realtor - the economic functions of real estate brokerageDanStarrRealtor
Real estate enables the economy as it does only comunicate about houses, but it speaks about almost everything that you see. It gives the space for businesses to achieve and it gives off a reputation that a country is doing well. It also paves way to more job event especially those who are in the construction industry.
Michael Figler is a professional real estate trader or agent which offers the best guidelines to government authorities preparing upcoming growth, as well as a main obtaining area for property owners and residence rights. He knows what home buyers assume in the current market, which can help them to get ready their home seller customers in terms of marketing, holding, financing, common discounts, etc.
Need MCA leads? No sweat! MCAs are great for small biz funding. Learn how to snag top-notch leads: businesses needing cash, with repayment ability, decision-makers, and accurate contacts. Use content, social ads, lead platforms, partnerships, and capture processes for quality leads.
https://www.leadgeneration.media/blog/b/streamline-your-mca-sales-process-with-pre-qualified-leads
500 acres of brilliance await you here at Riverview City which offers modern living, effortless convenience, and a beautiful natural setting. It is a mega township by Magarpatta City in Loni Kalbhor, Pune. Enjoy easy access to work, schools, and fun while experiencing a perfect work-life balance.
Visit - magarpattacity.developerprojects.in
One FNG by Group 108 Sector 142 Noida Construction UpdateOne FNG
One FNG by Group 108 is launching a new commercial project in Sector 142 Noida. Office space and high street retail shops on the FNG and Noida Expressway. For more information visit the website https://www.onefng.com/
Dynamics 365 Bid Management for Construction ProjectsDynamic Netsoft
This PDF provides a straightforward guide to using Dynamics 365 for efficient bid management in construction projects. Learn how to streamline processes, improve accuracy, and enhance productivity with practical tips and step-by-step instructions.
https://dnetsoft.com/dynamics-365-bid-management-software
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Elegant Evergreen Homes - Luxury Apartments Redefining Comfort in Yelahanka, ...JagadishKR1
Experience unmatched luxury at Elegant Evergreen Homes, offering exquisite 2, 3, and 4 BHK apartments in the serene locality of Yelahanka, Bangalore. These meticulously crafted homes blend modern design with timeless elegance, providing a harmonious living environment. Enjoy top-tier amenities and a prime location, making Elegant Evergreen Homes the ideal choice for discerning homeowners.
The KA Housing - Catalogue - Listing TurkeyListing Turkey
Welcome to KA Housing, a distinguished real estate development nestled in the heart of Eyüpsultan, one of Istanbul’s most promising districts.
Just 10 minutes from the bustling city center, Eyüpsultan offers a serene escape with the convenience of urban living. The direct metro line ensures seamless connectivity to all parts of Istanbul, making it an ideal location for residents who seek both tranquility and vibrancy.
KA Housing boasts unparalleled accessibility, with proximity to Istanbul Airport only 30 minutes away, facilitating easy international travel. Effortless city access is guaranteed by direct metro and transportation links to Istanbul’s cultural and commercial hubs. Quick access to key metro lines connects you to every corner of the city within minutes, making commuting and exploring the city hassle-free.
The development offers luxurious living spaces with a range of unit layouts from 1+1 to 4+1, designed with meticulous attention to detail. Each unit features balconies or terraces, providing stunning vistas of Istanbul and enhancing the living experience. High-quality materials and superior craftsmanship ensure durability and elegance, while sound-proof insulation and high ceilings (2.95 m) offer comfort and sophistication.
Residents of KA Housing enjoy exclusive on-site amenities, including a state-of-the-art gym, outdoor swimming pool, yoga area, and walking paths. Entertainment options abound with a private cinema, children’s playground, and a variety of dining options including a café and restaurant. Security and convenience are paramount with 24/7 security, a dedicated carpark garage, and an IP intercom system.
KA Housing represents a prime investment opportunity with limited availability in a high-demand area, ensuring enduring value and potential for lucrative returns. Homes in this development provide exceptional value without compromising on quality, offering affordable luxury for discerning buyers. The construction is of the highest quality, built to the latest seismic and disaster resistance standards, ensuring safety and resilience.
The community and surroundings of KA Housing are enriched by close proximity to prestigious universities such as Haliç University, Bilgi University, and Istanbul Ticaret University, making it an ideal location for students and academics. The development is adjacent to the Alibeyköy stream leading into the Halic waters, offering serene natural escapes amidst lush greenery. Residents can enjoy the cultural richness of the area, surrounded by historical and cultural landmarks that blend leisure, nature, and culture seamlessly.
https://listingturkey.com/property/the-ka-housing/
Lixin Azarmehr, a Los Angeles-based real estate development trailblazer, co-founded JL Real Estate Development (JL RED) in 2015 and serves as its CEO. Her expertise has propelled the firm to specialize in luxury residential and mixed-use commercial projects, with a portfolio that features upscale retail spaces and sophisticated care facilities.
Brigade Insignia offers meticulously designed apartments with modern architecture and premium finishes. The project features spacious 3,3.5,4 and 5 BHK units, each thoughtfully planned to provide maximum comfort, natural light, and ventilation.
https://www.newprojectbangalore.com/brigade-insignia-yelahanka-bangalore.html
Simpolo Tiles & Bathware
Tile ho,
toh Simpolo.
Since the first steps were taken in 1977, Simpolo Ceramics has carved its niche as a consistently growing organisation with unparalleled innovation and passion rooted in simplicity.
We endure gratification for every experience we offer, created to share something meaningful. It may not resonate with the majority, but that makes us a class apart. If only a handful were to understand the purpose of our existence, we would be proud to have found our believers. Rather, people with whom we can share our beliefs.
VISUALIZER
Design your space in your style with our very own Visualizer. Now, you can choose the tiles of your liking from our wide selection and see how they would look in a space. Select the tile from the multiple options and the visualiser will replace the surfaces in the image with the selected tiles. This way, instead of just your imagination, you can choose the tiles for your place by getting an actual picture of how they would look in a space. So, design your space the way you desire digitally and implement it in real life to get the best results!
You can also share this visualiser with others to help them design their space.
Committed to delighting customers with world-class ceramic products and services. Make Simpolo synonymous with the best quality and set new benchmarks of excellence for all stakeholders. Pursue best business practices with utmost integrity to make Simpolo an exciting organisation to work with, for vendors, channel partners, investors and employees alike.
Gain worldwide recognition in the field of ceramic building products through Research and Innovation and bring an enhanced lifestyle within reach for every household.
Omaxe Sports City Dwarka stands out as a premier residential and recreational destination, offering a blend of luxury and sports-centric living. Located in the thriving area of Dwarka, this project by Omaxe Limited is designed to cater to modern lifestyle needs while promoting a healthy, active living environment.
Sense Levent Kagithane Catalog - Listing TurkeyListing Turkey
Sense Levent offers a luxurious living experience in the heart of Istanbul’s vibrant Levent district.
This cutting-edge development seamlessly integrates modern design with natural elements, featuring live evergreen plants maintained by an advanced irrigation system, ensuring lush greenery year-round.
The building’s elegant ceramic balconies are both stylish and durable, enhancing the overall aesthetic and functionality. Residents can enjoy the 700m Sky Lounge, which provides breathtaking views of Istanbul and a perfect space to relax and unwind.
Sense Levent promotes a healthy and active lifestyle with a full gym, swimming pool, sauna, and steam room, all available in the building. The interiors are crafted with high-quality materials, ensuring a luxurious and inviting living space.
Designed with young professionals in mind, Sense Levent features 1+1 and 2+1 units with smart floor plans and balconies. The project promises high investment returns, with an expected annual return of 6.5-7%, significantly above Istanbul’s average ROI.
Located in the rapidly growing and highly desirable Levent area, the development benefits from ongoing urban regeneration projects. Its prime location offers proximity to shopping malls, municipal buildings, universities, and public transportation, adding immense value to your investment.
Early investors can take advantage of discounted units during the construction phase, with an expected capital appreciation of +45% USD upon completion. Property Turkey provides comprehensive rental management services, ensuring a seamless and profitable investment experience.
Additionally, robust legal support and significant tax advantages are available through Property Turkey’s licensed Real Estate Investment Fund. Levent is a dynamic urban hub, ideal for young professionals with its numerous corporate headquarters and shopping malls.
Sense Levent is more than just a residence; it’s a place where dreams and opportunities come to life. Contact us today to secure your place in this exclusive development and experience the best of Istanbul living. Sense Levent: Sense the Opportunity. Live the Dream.
https://listingturkey.com/property/sense-levent/
Rams Garden Bahcelievler - Istanbul - ListingTurkeyListing Turkey
Implemented by Rams Global in Bahcelievler, the Rams Garden Bahcelievler Apartments includes 796 residences of different types from 2+1 to 5+1.
Next to the project, which will have 33 thousand square meters of green area, there will be 42 thousand 300 square meters of woodland. There will also be a 210-meter-long pond in the landscape of the project. There are 94.5 square meters of green space per flat.
Rams Garden Bahcelievler Apartments, which has 8 times more green space than the average of Istanbul with its 33 thousand square meters of green area located within a total of 75 thousand square meters, offers various housing options from 2+1 to 5+1.RAMS Garden has brought a lifeline to the construction industry.
Rams Global, which has signed projects in many places from Dubai to Phuket and delivered more than 20 thousand residences, is now starting new projects in Istanbul.
Rams Garden Bahcelievler is located 9 minutes from Metroport AVM, 5 minutes from Marmara Forum AVM, 12 minutes from Kazlıçeşme beach, 9 minutes from Yıldız Technical University, 7 minutes from Istinye University, 9 minutes from Ramada Hotel and Medicana Hospital.
https://listingturkey.com/property/rams-garden-bahcelievler-apartments/
The SVN® organization shares a portion of their new weekly listings via their SVN Live® Weekly Property Broadcast. Visit https://svn.com/svn-live/ if you would like to attend our weekly call, which we open up to the brokerage community.
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus o...Joseph Lewis Aguirre
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus on Public Safety as Job #1, Engagement, Wealth of HOA, Branding, Communication, Culture, Civic Responsibility
Rixos Tersane Istanbul Residences Brochure_May2024_ENG.pdfListing Turkey
Tersane Suites Residences is a luxurious real estate project located in the heart of Istanbul, next to the beautiful Golden Horn. This unique development offers hotel concept residences with Rixos management, making it the perfect choice for both homeowners and investors.
The Tersane Suites Residences offers a wide range of options, from studio apartments to spacious four-bedroom units, all designed to the highest standard. The suites are finished with high-quality materials and feature modern, open-plan living spaces, fully-equipped kitchens, and large balconies with stunning views of the city and sea.
One of the standout features of Tersane Suites Residences is the Rixos management, which provides a truly exclusive and upscale living experience. Residents will have access to a range of luxury amenities, including a fitness center, spa, and indoor and outdoor swimming pools. Plus, the on-site restaurants and cafes provide a taste of the local and international cuisine.
The Tersane Suites Residences also offers a great opportunity for investors, as it provides a rental guarantee program. This means that investors can enjoy a steady income stream, with the peace of mind that their property is being managed by a reputable and experienced team.
The location of Tersane Suites Residences is also unbeatable, with easy access to the city’s main transportation links and within close proximity to the historic center, making it the perfect base for exploring all that Istanbul has to offer.
Rixos Tersane Istanbul Residences Brochure_May2024_ENG.pdf
MA Real Estate CEU - Dual Agency - Falter_11-2-13
1.
2. Dual Agency in Massachusetts
Bob Falter, Ph.D.
GRI, ABR, SRES, e-PRO, LMC, SFR, BPOR
Produced by Paula K. Savard
3. Dual Agency in Massachusetts
• An individual agrees to
represent both the
buyer and the seller in
the same transaction.
• Buyer and Seller must
each have knowledge of
dual representation and
consent to it in writing.
• The individual agent is a
dual agent.
• The firm with whom the
individual agent is
associated is a dual
agent.
4. License Law now designed to
• Identify that dual agency exists.
• Provide guidance to licensee on how to
function as a dual agent.
• achieve informed written consent to dual
agency.
• Explain dual agency to the public.
5. Statute and Regulation
• Legislature made the law.
• Board of Registration of Real Estate Brokers
and Salesman made and enforces the specific
regulations regarding licensees.
• However you choose as your way of doing
business, and your BROKER’S choices are
specifically described in the regulations.
6. History of Brokerage Relationships in
Massachusetts
• Statute of Massachusetts Law Chapter 112
Section amended with new section 87AAA ¾.
• a. Disclosure Applies to 1-4 residential.
• b. may act as a dual agent.
• c. may act as a designated agent.
7. History of Real Estate Relationships, Board of
Registration of Real Estate Brokers and Salesmen
REGULATIONS
• 1960’s Licensure… Grand fathered existing
practitioners.
• 1990 Disclosure.. Unless otherwise agrees all broker
and salespersons represent the seller.
• 1993 Disclosure.. Seller Agency, Buyer Agency, Dual
Agency with informed consent. Each relationship is
the responsibility of every licensee in the firm.
8. History of Real Estate Relationships, Board of
Registration of Real Estate Brokers and Salesmen
Regulations
• 2005 Disclosure… Seller agency, Buyer Agency, Dual
Agency with informed consent, Designated Agency,
Facilitator.
• Does everyone in the firm have a fiduciary duty to
advocate for each and every client of the firm? OR
• Does the individual agent and their supervising
broker have the fiduciary duty to advocate for their
designated client?
9. Sample Placard for Open House
• Our firm proudly represents the seller of this property.
• We can offer you buyer representation as well.
• If you are currently represented by your own agent, when you
sign in, please leave your agent’s name and phone number as
well as your own name.
• 254 CMR 3.00(13)(a)(3) at an Open House the RE licensee
must conspicuously post and/or provide with other written
materials any relationship so that the attendees can
understand the relationship they may have with the licensee
conducting the open house.
10. LICENSE LAW DEFINITIONS
• AGENT - one who represents the interests of
another (principal or client or real estate
broker).
• PRINCIPAL - commonly known as the person
who engages the agent for representation.
• CLIENT - A person who has empowered
another to act as his/representative.
11. LICENSE LAW DEFINITIONS
• Client relationship = fiduciary relationship
• Fiduciary relationship requires agent to put
principals interest first above all others.
Fiduciary requires confidentiality, obedience
to lawful instruction, loyalty, accountability
and diligence.
12. LICENSE LAW DEFINITIONS
• CUSTOMER - a person without
representation involved in a transaction. All
agents have a duty to treat customers fairly.
• Neither clients nor customers are bound by
the license laws or the code of ethics.
• VICARIOUS LIABILITY - liability created not
because of a persons actions, but because of
the relationship between the libel person and
other parties.
13. LICENSE LAW DEFINITIONS
• Example of Vicarious Liability: Real estate Broker is
vicariously libel for the act of their salespeople while
the salesperson is acting on behalf of the broker
even if the broker did nothing to cause the liability.
• Informed Consent: Consent to certain act, this is
given after a full and fair disclosure of all the facts
needed to make a conscientious choice.
14. LICENSE LAW DEFINITIONS
• Fiduciary - A relationship that implies a position of
trust or confidence where in one person is usually
entrusted to hold or manage property or money of
another.
• Term fiduciary describes the faithful relationship
owed by broker (and salesperson) to a principal
• Fiduciary owes complete allegiance to the client.
15. ESTABLISHMENT OF AGENCY
• EXPRESS WRITTEN CONTRACT WHERE AGENT AND
PRINCIPLE AGREE TO TERMS.
• EXPRESS ORAL CONTRACT WHERE AGENT AND
PRINCIPLE AGREE TO TERMS.
• IMPLIED AGENCY.. YOU ACTED LIKE AN AGENT OR
SPOKE LIKE AND AGENT, THEREFORE, YOU ARE AN
AGENT.
16. Agents Obligations “OLD CAR”
• Obedience - agent must carry out lawful
instructions of the client.
• Loyalty - agent must act in the best interest of
the client.
• Disclosure - all information relevant to the
transaction must be given to the client.
17. Agents Obligations “OLD CAR”
• Confidentiality - agent has a duty to keep
client’s information or discussions
confidential. This duty survives the
termination of the agency relationship. This
duty does not apply to legally required
disclosures such as know physical or
hazardous conditions in the property.
18. Agents Obligations “OLD CAR”
• Accountability - agent must protect and
account for all money.
• Reasonable Care and Due Diligence - agent
must act competently, capable of performing
duties within the scope of the licensing
requirements.
19. Brokerage Relationships and
Duties for Each
• SELLER AGENCY. Real estate agents
represents the seller as a client and treats the
buyer as a customer.
• SELLER AGENTS duties to seller include
• OLD CAR… obedience, loyalty, disclosure,
confidentiality, accountability and reasonable
card and due diligence.
20. Brokerage Relationships and
Duties for Each
• Seller Sub Agency
•
That the broker may cooperate
with another broker who is then
a sub agent of the seller. Further,
that vicarious liability is the
potential for a misrepresentation
or an act or omission of the sub
agent and that the seller
authorizes the broker or
salesperson to offer sub agency.
•
•
•
Seller has expressly authorized
his agent to use other agents to
market the seller’s property.
Specific legal requirements to
offer sub agency.
Consent must be obtained at the
execution of an agreement to sell
with the seller.
21. Brokerage Relationships and
Duties for Each
• Vicarious liability.
• Under sub agency is the
potential for a seller or
buyer to be held liable for
an act or omission of the
sub agent.
• subagents duties to the
client include OLD CAR
• Except in the instance of
DUAL AGENCY the subagent
assumes the same split
loyalty as the principal
agent..
22. Brokerage Relationships and
Duties for Each
• Buyer Agency
• Duties include
Confidentiality
Obedience
Accountability
Loyalty
Disclosure, Diligence
and Reasonable Care
• Real estate agent
represents the buyer
23. Brokerage Relationships and the
duties of each
• Dual Agency
• Agent assists both parties
• Agent is neutral and unable
to advocate for either the
seller or the buyer with
regard to any conflicting
interest.
• Represents seller client and
buyer client in the same
transaction
• Has WRITTEN informed
consent of both the
seller and the buyer
• Maintains Confidentiality of
Material Information
• Is Accountable for funds
24. Brokerage Relationships and the
duties of each
• NON AGENT OR TRANSACTION BROKER
(SALESPERSON)
• Facilitator works to complete the transaction.
• Facilitator is bound by license law and Chap 93
A, but has no fiduciary relationship to buyer or
seller.
25. Brokerage Relationships and the
duties of each
• Facilitator must disclose all know material
defects in the property.
• Facilitator duties consist of accounting for
funds, and other facilitator duties undertaken.
• A accountability is the only duty under
Massachusetts license law.. Brokerage
Relationships and the duties of each.
26. Brokerage Relationships and the
duties of each
• Designated Agent - A real estate licensee who
has been specifically designated by the broker
with whom they are affiliated to represent the
buyer or the seller in a transaction
• Buyer or Seller client must agree.
27. When does Dual Agency Occur?
• Two different agents
from the same firm
represent both the
buyer and the seller in a
transaction.
• Traditional agency
business model.. In
house transaction.
• In such companies, even
though the listing agent
represents the seller and
the buyer’s agent
represents the buyer, both
agents and their firm are
dual agents since agency
duties have not been
restricted to individuals.
28. When does Dual Agency Occur?
• When a brokerage firm is
authorized to appoint
different individuals as
designated seller’s agents
and designated buyer’s
agents, respectively, and
their clients get into the
same transaction.
• The appointing Agent
becomes a dual agent.
29. Disclosure and Consent
• Mandatory Agency
Disclosure is vehicle for
licensees to disclose the
agency relationship to
Buyers and Sellers.
• It also provides a
definition of dual
agency.
• Consent to dual agency
is a separate step.
30. Disclosure and Consent
• Under Massachusetts law, advance consent
may be obtained in a listing agreement or a
buyer agency agreement or in a separate
consent form.
• Written consent must be obtained prior to
signing a written agreement for purchase.
• A sample consent form is in your packet.
31. Duties of a Dual Agent
• Treat both clients honestly.
• volunteer disclosure of known material defects to
the buyer.
• provide market information available from a
property listing service or public records, if
requested.
• prepare and present all offers and counteroffers at
the direction of the parties.
32. Consent Forms for Dual Agency
• Consent may be obtained in
listing or representation
agreement.
• Stand alone consent form
• If Consent is obtained prior
to occurrence, “Notice of
Dual Agency” must be
provided prior to offer.
•
•
•
Consent forms must be signed by
buyer and seller and broker or
salesperson: however signatures
may appear on separate forms.
Consent forms must be kept a
minimum of (three ) 3 years.
Process for Dual Agency: 1)
Disclosure, 2) Consent, 3) Notice
(if applicable).
33. WHEN CONSENT SHOULD BE
OBTAINED
• BEFORE THE TRANSACTION IS IDENTIFIED in
listing agreement or buyer agency agreement.
• If this is done, SUBSEQUENT NOTICE OF
OCCURRENCE with offer, is required.
• Consent must be obtained before the
Occurrence of Dual Agency but no later than
the execution of an Offer to Purchase.
34. What can a Dual Agent do for BUYERS AND
SELLERS
• Objective is equal treatment and Neutrality for both
Seller and Buyer.
• Treat Seller and Buyer with honesty and accuracy
• Provide helpful information and description about
property to the Buyer.
• Disclose all material fact about the property to the
Buyer.
35. What can a Dual Agent do for BUYERS AND
SELLERS
• Explain Real Estate Terminology and
Procedures.
• Provide licensed Property Inspectors List.
• Assist the Buyer with financing Options.
• Provide Public Record information, CMA
(same one to both Buyer and Seller).
• Assist in Preparation of Offer to Purchase.
36. What can a Dual Agent do for BUYERS AND
SELLERS
• Explain Consensual Disclosed Dual Agency as it
relates and compares to other Agency
Relationships.
37. A Dual Agent Should NOT
• Disclose confidential (information about people, motivation )
information received from either party, except:
• if disclosure is expressly authorized,
• if such disclosure is required by law,
• if such disclosure is intended to prevent illegal conduct,
• if such disclosure is necessary to prosecute a claim against a
person represented or to defend a claim against the broker or
salesperson.
38. A Dual Agent Should NOT
• Disclose that a buyer will pay a price or agree
to terms other than those in the Offer, or that
a Seller will accept price or terms other than
those in the listing.
• Engage in conduct that is contrary to the
instructions of either party
• Dual agents should separate information on that
transaction from other agents in the office.
39. How to Disclose Agency at an Open
House
• No individual notice is required to be provided
to people attending.
• Agent disclosure by sign, poster, or distributed
listing literature or property description form
conspicuously and discloses any pre-existing
agency relationship.
40. How to Disclose Agency at an Open
House
• On such distributed material, the disclosure
shall be more conspicuous than on any other
written material.
41. Other Requirements of a Dual
Agent
• All agents must, by law, present property
honestly and accurately.
• Must disclose all know material facts related
to the real estate.
• Must comply with License Law and 93A.
• Must comply with MA and Fed Lead Paint
Law.
42. COMPENSATION METHODS
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COMMISSION BASED ON SALES PRICE
FLAT FEE
FEE FOR SERVICE/MENU OPTIONS
MONEY CREDITED TO SELLER AT CLOSING
Entitlement to compensation is not created by the
agency relationship