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Realtors are governed by the
legal concept of "agency". An agent is legally obligated to
look after the best interests of the person he or she is working for. The
agent must be loyal to that person.
A realtor may be your agent - if you have clearly established an agency
relationship with that realtor. But often, you may assume such an
obligation exists when it does not.
Realtors believe that it is important that the people they work with
understand when an agency relationship exists and when it does not - and to
understand what it means.
In real estate, there are different possible forms of agency relationship:
Vendor's Agent
When a real estate company is a "vendor's agent" it
must do what is best for the vendor of a property. A vendor's agent must
tell the vendor anything known about a purchaser. For instance, if a
vendor's agent knows a purchaser is willing to offer more for a property, that
information must be shared with the vendor. Confidences a vendor shares
with a vendor's agent must be kept confidential.
A purchaser can expect fair service and disclosure of pertinent information
about a property. Nothing will be misrepresented about a property. All
questions will be answered honestly.
Purchaser's Agent
A real estate company acting as a "purchaser's agent"
must do what is best for the purchaser. A written contract establishes
purchaser agency. It also explains the services the realtor will
provide, spells out who will pay and specifies what obligations a purchaser may
have. Typically, purchasers will be obliged to work exclusively with
that realtor for a period of time.
A realtor working for a purchaser will keep information about the purchaser
confidential from the vendor.
Dual Agent
Occasionally a real estate company will be the agent of
both the purchaser and the vendor. Under this "dual agency"
arrangement, the realtor must do what is best for both the vendor and the
purchaser. A dual agent must fully disclose information to both the
purchaser and vendor. No information will be confidential.
A realtor can be a dual agent only if both the purchaser and the vendor agree
in writing.
Who Pays?
Usually the realtor will be paid from the proceeds of the
sale. The listing agreement states the realtor's fee.
When More than One
Realtor is Involved
Often, a purchaser will work with one realtor and a vendor
will work with another. It may appear that the realtor working with the
purchaser is working for that purchaser in an agency relationship. That
is not necessarily the case. The realtor working with the purchaser may
be a "sub-agent" of the vendor. In this case, the realtor is
actually a vendor's agent. While a vendor's agent can provide many
valuable services to a purchaser, he or she must do what is best for the vendor.
If a written contract exists with a purchaser, a realtor can be a purchaser's
agent. Purchasers and vendors will always be told - in writing - who a
realtor is working for.
Honesty and
Integrity
Most real estate professionals in Ontario are members of
the Ontario Real Estate Association (OREA) - and only members of OREA can
call themselves realtors.
When you work with a realtor, you can expect not only strict adherence to the
laws of this province, but also adherence to a Code of Ethics. And that
code is very important to you - because it assures you will receive the highest
level of service, honesty and integrity.
Highest Professional
Standards
Before receiving a real estate licence, candidates must
successfully complete and extensive course of study developed by OREA on behalf of
the Government of Ontario. And that is only the beginning: in
the two years after receiving their licence, the new professionals are required to
successfully complete three additional courses as part of their articling with an
experienced broker. |
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