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Every consumer who desires to become involved in a real estate transaction and work with a real estate licensee (whether selling or buying) has the right to know whether or not his/her interests will be represented and, if so, who will represent that interest as his/her agent. Further, it is the consumer’s choice to make after he/she has been fully informed by the licensee and understands the options.
A licensee who begins working with a potential buyer shall establish at first contact whether the buyer will be a customer or a client. A licensee should inquire further as to whether or not potential buyer is already being represented.
A licensee must have a client in each real estate transaction. A real estate transaction begins at the time the buyer expresses an interest in or conveys an offer to the seller to purchase property.
SERVICE LEVELS
The customer is owed:
- A meaningful agency disclosure
- Honesty
- The disclosure of material adverse facts regarding the transaction.
Customer level services do not include advice, counsel or the exercise of professional judgment from a licensed Real Estate Agent.
The Client is owed all the customer services plus the following fiduciary responsibilities:
- CONFIDENTIALITY
- LOYALTY
- OBEDIENCE OF LAWFUL INSTRUCTIONS
- ACCOUNTABILITY (monies, keys etc)
- DILLIGENCE IN DISCOVERING AND DISCLOSING
TARGETING THE PROPERTY
- Determine Wants, Needs, Desires, Critical Items to the Buyer
- Do Price Justification/Alternatives
- Search for Property in Creative Ways
- Showing Property by Process of Elimination and Prioritizing
PRICING THE DESIRED PROPERTY
- Market Analysis
- Neighborhood Analysis
- Square Foot/land replacement value
- Depreciation/obsolescence
- Time on Market
- Determine an offering range
- Determine value of contingencies/personal property/seller concessions
CONTRACT CONSIDERATIONS
- Earnest Money Deposit
- Response Time to Offer
- Inspections & repairs
- Closing Date
- Financing Contingency
- Home to Sell prior to Purchase
- Deed Restriction Notification
- Occupancy Date
- Subject to Appraisal
- Subject to Survey
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