What happens when a selling broker accepts the listing brokers offer of Subagency through MLS quizlet?

Seller Agency

most common form of agency relationship

Subagency

most confusing form of all agency relationships

Seller or Cooperating Broker

with permission of the seller, listing agent appoints brokers to perform actions on behalf of the seller

they are NOT the listing broker

Created by written agreement (express) or created by words or actions (implied) often within the structure of an MLS, but does not have to be

subagency

1970s National Association of REALTORS regulations for subagency within MLS

if a seller authorized their agent to list their property on an MLS, the seller was automatically authorizing the broker to make a unilateral blanket offer of subagency to all other members of that MLS

Acceptance of unilateral blanket offer according to 1970s NAR regulations for subagency within MLS

any agent that showed the listed property on MLS automatically became a subagent of the listing broker and seller

No, it permits subagency, but does NOT automatically create it or require it.

seller can agree to accept or reject the option of subagency when they sign the listing contract

cooperating broker may reject the offer of subagency and choose to work as a buyer's broker/agent

Does placing a listing in a MLS create a blanket unilateral offer of subagency today?

the seller

if a cooperating broker accepts the offer of subagency, who does the cooperating broker owe fiduciary responsibilities to?

Deal honestly, and ethically with all buyer customers

fair dealing

reasonable care and skill

proper disclosure

What responsibilities does an agent owe to a customer?

Dual Agency

exists when a real estate firm or real estate licensee represents BOTH the buyer and seller or landlord and tenant in the same transaction

must be disclosed in writing to both the buyer and seller

Undivided Loyalty

A fiduciary obligation that is given up by both the buyer and seller when they consent to dual agency

Undisclosed Dual Agency

A relationship in which the real estate agent is found to be the agent of both the buyer and seller in a transaction, but without the knowledge and informed consent of both parties

Violation of NYS License Law

Agent has breached their fiduciary responsibilities to the client

Disclosure and Informed Consent

When is dual agency permitted in NY?

Written Consent to Dual Agency

Both buyer and seller understand and accept that they will be receiving less than full representation

realize the level of service they will relinquish

Single Licensee Dual Agency

when a real estate licensee tries to represent the seller as a client and the buyer as a client in the same transaction

Broker Dual Agency

occurs when two agents in the broker's firm represent both the seller and the buyer in a single transaction

the parties are represented by two different agents, but the broker is the same

Section 443 of the New York Real Property Law

requires licensees to disclose their agency relationship to their clients using a disclosure form designed specifically for this purpose

Disclosure of Agency Relationship Form

provides a place for both the prospective buyers and the sellers to acknowledge the arrangement and sign the form, thereby giving their informed consent to dual agency

Real Property Law, Section 175.7

a broker may accept a referral fee or other compensation from a party that they do not represent, as long as the broker discloses that fact to all parties and gets their consent

Dual Agency Firms

most firms

Designated Sales Agency

a broker may designate one or more licensees to act exclusively as the agent of the seller/landlord, and designate one or more licensees to act exclusively as the agent of the buyer/tenant in the same transaction

must be disclosed to both parties and broker must obtain written consent from buyer and seller

Broker is dual agent in transaction, but each principal has a designated agent

individual client's interests are protected

Single Agency

the agent can represent only one party (buyer or seller) in a single transaction, NEVER both

owes fiduciary duties to one principal and can provide advice to that client

owes honesty and fair dealing to customer

Seller's Agent

agent enters into an agency agreement with the seller

seller is principal or client

listing agreement is document that creates this

Buyer's Agent

agent enters into an agency agreement with a buyer

also known as buyer brokerage

buyer is principal or client

agent is accountable only to the buyer

exclusive right to represent is document that creates this

Advantages to have a buyer's agent

tailored buyer agreement

access to a larger market

stronger negotiating strategy

Ways buyer's agent can receive compensation

retainer

seller-paid fee

buyer-paid fee

Broker's Agent

an agent that cooperates or is engaged by a listing agent, buyers agent or tenants agent who is engaged to assist the listing agent, buyers agent or tenants agent in locating a property to sell, buy, or lease to the client

does not work for the same firm as the listing agent, buyers agent, or tenants agent

does not have a direct relationship with buyer, seller, or landlord and does not have vicarious liability for the acts of this agent

Agency Relationship Termination

performance

expiration of agreement term

termination of relationship by mutual agreement of the parties

termination of relationship by one party

Involuntary Termination of Agency Relationship

death or incapacity of either party

agent abandonment

condemnation of property

destruction of property by fire, vandalism or natural disaster

renunciation by the client

breach of the contract

bankruptcy

revocation of the agent's license

Subagent

agent of an agent

licensees who work for the listing broker or the selling (cooperating) broker

Tenant's Agent

an agent who contracts to locate residential real property for a tenant or who finds a tenant for a property and presents an offer to lease to the landlord or landlord's agent and negotiates on behalf of the tenant

Landlord's Agent

listing agent who acts alone, or an agent who acts in cooperating with a listing agent, acts as a landlord's subagent or acts as a broker's agent to find or obtain a tenant for residential real property

Which of the following statements is true regarding Subagency?

Which of the following statements is TRUE regarding subagency? The answer is subagency may be created expressly or by implication. The answer is avoid paying a commission.

What is exclusive seller agency quizlet?

Under an exclusive right-to-sell listing, the seller pays regardless of who sells the property. Jed Nelson is selling his home on his own but is having problems finding a buyer.

What is a subagent quizlet?

Terms in this set (6) Subagent. An individual who has been delegated agency duties by another agent of the client, not the client themselves.

Who does the selling broker represent quizlet?

(1) A broker who represents a seller, landlord, buyer or tenant.

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