THIS IS NOT A CONTRACT
New York State law requires real estate licensees who
are acting as agents of buyers and sellers of property to
advise the potential buyers and sellers with whom they
work of the nature of their agency relationship and the
rights and obligations it creates. This disclosure will help
you to make informed choices about your relationship with
the real estate broker and its sales associates.
Throughout the transaction you may receive more than
one disclosure form. The law requires each agent assisting
in the transaction to present you with this disclosure form.
A real estate agent is a person qualified to advise about
real estate.
If you need legal, tax or other advice, consult with a
professional in that field.
Disclosure Regarding Real Estate
Agency Relationships
Seller’s Agent
A seller’s agent is an agent who is engaged by a seller to
represent the seller’s interest. The seller’s agent does this by
securing a buyer for the seller’s home at a price and on
terms acceptable to the seller. A seller’s agent has, without
limitation, the following fiduciary duties to the seller:
reasonable care, undivided loyalty, confidentiality, full
disclosure, obedience and duty to account. A seller’s agent
does not represent the interests of the buyer. The obligations
of a seller’s agent are also subject to any specific provisions
set forth in an agreement between the agent and the seller.
In dealings with the buyer, a seller’s agent should (a) exercise
reasonable skill and care in performance of the agent’s
duties; (b) deal honestly, fairly and in good faith; and (c)
disclose all facts known to the agent materially affecting the
value or desirability of property, except as otherwise provided
by law.
Buyer’s Agent
A buyer’s agent is an agent who is engaged by a buyer to
represent the buyer’s interest. The buyer’s agent does this
by negotiating the purchase of a home at a price and on
terms acceptable to the buyer. A buyer’s agent has, without
limitation, the following fiduciary duties to the buyer:
reasonable care, undivided loyalty, confidentiality, full
disclosure, obedience and duty to account. A buyer’s agent
does not represent the interest of the seller. The obligations
of a buyer’s agent are also subject to any specific provisions
set forth in an agreement between the agent and the buyer.
In dealings with the seller, a buyer’s agent should (a) exercise
reasonable skill and care in performance of the agent’s
duties; (b) deal honestly, fairly and in good faith; and (c)
disclose all facts known to the agent materially affecting the
buyer’s ability and/or willingness to perform a contract to
acquire seller’s property that are not inconsistent with the
agent’s fiduciary duties to the buyer.
Broker’s Agents
As part of your negotiations with a real estate agent, you
may authorize your agent to engage other agents whether
you are a buyer or seller. As a general rule, those agents
owe fiduciary duties to your agent and to you. You are not
vicariously liable for their conduct.
Dual Agent
A real estate broker may represent both the buyer and seller
if both the buyer and seller give their informed consent in
writing. In such a dual agency situation, the agent will not
be able to provide the full range of fiduciary duties to the
buyer and seller. The obligations of an agent are also subject
to any specific provisions set forth in an agreement between
the agent, and the buyer and seller. An agent acting as a dual
agent must explain carefully to both the buyer and seller
that the agent is acting for the other party as well. The agent
should also explain the possible effects of dual representation,
including that by consenting to the dual agency relationship
the buyer and seller are giving up their right to
undivided loyalty. A buyer or seller should carefully consider
the possible consequences of a dual agency relationship
before agreeing to such representation.
Dual Agency with Designated Sales
Associates
If the buyer and seller provide their informed consent in
writing, the principals or the real estate broker who represents
both parties as a dual agent may designate a sales
associate to represent the buyer and another sales associate
to represent the seller to negotiate the purchase and sale of
real estate. A sales associate works under the supervision of
the real estate broker. With the informed consent of the
buyer and the seller in writing, the designated sales associate
for the buyer will function as the buyer’s agent representing
the interests of the buyer and the designated sales
associate for the seller will function as the seller’s agent
representing the interests of the seller in the negotiations
between the buyer and seller. A designated sales associate
cannot provide the full range of fiduciary duties to the buyer
or seller. The designated sales associate must explain that
like the dual agent under whose supervision they function,
they cannot provide undivided loyalty. A buyer or seller
should carefully consider the possible consequences of a
dual agency relationship with designated sales associates
before agreeing to such representation. |