In a Baja real estate transaction, sales professionals may represent
the seller, the buyer, or both parties. This representation is called
an "agency." Traditionally, a sales professional is the seller's
representative. So, unless otherwise stated and/or documented in
writing, you should assume the real estate professional is working for
the seller. In many regions, real estate sales professionals are
legally obliged to disclose, in writing, information on the types of
real estate agency relationships that exist. It is important to
understand the differences between these agencies whether you are
buying or selling a home.
Real Estate Representation
Seller's Agent -A sales professional becomes a
Seller's Agent by entering into a listing agreement to represent the
seller's interests. Seller representation also exists when a sales
professional shows a property on the Multiple Listing Service (MLS) and
a "buyer agency" isn't established. A Seller's Agent may provide
information to assist the buyer but must place the interests of the
seller first.
Do not disclose anything to the Seller's Agent you don't want the seller to know.
Buyer's Agent -A sales professional becomes a Buyer's Agent by entering into an agreement to represent the buyer. A
Buyer's Agent can assist the seller, but must place the interests of the buyer first.
Sellers should not tell the Buyer's Agent anything they do not want the buyer to know, because the
Buyer's Agent must disclose pertinent information to the buyer.
Dual Agent -Dual agency occurs when a sales
professional represents both the seller and the buyer. It also occurs
when the Listing or Seller's Agent works for the same firm as the
Buyer's Agent. In many states, the buyer, the seller, and the sales
professional must agree to a dual agency in writing.
The Dual Agent is required to treat the buyer and seller honestly
and impartially, but the potential for conflict of interest exists.
The Dual Agent's duties are more limited. Sometimes a Dual Agent is described as a transaction broker or an intermediary.
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