Mar. 21, 2007
The duties of a single agent are:
1. Dealing honestly and fairly;
2. Loyalty;
3. Confidentiality;
4. Obedience;
5. Full disclosure;
6. Accounting for all funds;
7. Skill, care, and diligence in the transaction;
8. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; and
9. Disclosing all known facts that materially affect the value of residential real property and are not readily observable.
The duties of a Transaction Broker are:
As a transaction broker, Keller Williams Realty and its Associates, provides to you a limited form of representation that includes the following duties:
1. Dealing honestly and fairly;
2. Accounting for all funds;
3. Using skill, care, and diligence in the transaction;
4. Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer;
5. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing;
6. Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure that the seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than the price submitted in a written offer, of the motivation of any party for selling or buying property, that a seller or buyer will agree to financing terms other than those offered, or of any other information requested by a party to remain confidential; and
7. Any additional duties that are entered into by this or by separate written agreement.
Limited representation means that a buyer or seller is not responsible for the acts of the licensee. Additionally, parties are giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to represent one party to the detriment of the other party when acting as a transaction broker to both parties.
In Florida, most agents work as a Transaction Broker. This allows them to work with both the buyer and seller in a transaction. If you want loyalty, total confidentiality, obedience, and full disclosure, you will want a single agent.
One of the major downsides to working with a single agent is they are not allowed to sell you one of their listings. This includes listings held by other agents in the same brokerage. Or, if you are a seller and your agent is representing you as a single agent, neither he nor any other agent in the brokerage can work with a buyer of your property. So, the only agents that can show your property will be those that work for another broker. There is a provision in the law to transition from single agent to transaction broker. This must happen BEFORE the property is shown.
If you have any questions about this, just ask!