THIS CHANGE IN RELATIONSHIP CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT. If, after a single agency is established, the licensee wants to change to a transaction brokerage, the statute contains another disclosure form to accomplish this task as follows:įLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO BOTH THE BUYER AND THE SELLER. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing.ĭate Signature.Skill, care, and diligence in the transaction and.
In any event, if a licensee acts as a single agent for either the seller or the buyer, the statute requires the following disclosure to be made.įLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.Īs a single agent, _ (insert name of Real Estate Entity and its Associates) owe to you the following duties: Most markets include brokers who advertise their willingness to provide this service, and some brokers proclaim that they will provide only this service, working exclusively as buyers’ brokers. Single agency for the buyer is a newer concept in brokerage representation than single agency for the seller, but it has grown rapidly in popularity. Of course appropriate disclosure is required. Further, the new law also provides that the licensee may begin as a single agent for the seller and then at a later point, with the agreement and consent of the parties change to a transaction brokerage relationship. It should be noted that a listing broker does have latitude under the statute to form a transaction brokerage relationship with the seller instead of a single agency if that is mutually agreeable to the parties. Such a result is well within the comfort zone of most licensees, because listing brokers have traditionally been single agents for their sellers in most instances anyway. They are:Ĭlearly the most likely scenario in which a single agency for the seller will develop is when a licensee secures a listing contract. Each of these also contains an appropriate disclosure requirement. If it is mutually agreeable, the licensee and the consumer may enter into an authorized brokerage relationship, which under the statute, must fit into one of three possibilities. Your signature below acknowledges receipt of this form and does not establish a brokerage relationship.Īfter a consumer receives the notice of non-representation, several choices are presented. You are advised not to disclose any information you want to be held in confidence until you make a decision on representation. You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are hereby notified that _ (insert name of brokerage firm) and I do not represent you in any capacity. The statutory form for this notice is reproduced as follows: įLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE AT FIRST CONTACT TO ALL POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. Also it should minimize the occasions when an unintended, unauthorized, and undisclosed dual agency arises because of the behavior of the parties.
The effect of this disclosure should be to let consumers know just where they stand vis a vie the licensee they are dealing with. If first contact between a licensee and a customer occurs during the course of a telephone conversation or any other communication in which the licensee is unable to provide the required notice of nonrepresentation, the licensee shall provide an oral notice and thereafter provide the required notice of nonrepresentation at the time of the first face-to-face contact, execution of a brokerage relationship agreement, or execution of a contractual agreement for purchase and sale, whichever occurs first. except in situations where a licensee knows that the potential seller or buyer is represented by a single agent or a transaction broker.
This disclosure is to be given "at first contact." According to the statute, the disclosure is to be given then, Terminology from the Florida Statutes with regard to the three types of representation
0 kommentar(er)
