• What Types of Agency Representation are there?    

                     In Massachusetts when considering the purchase of real estate there is a mandatory licensee consumer relationship disclosure form that must be presented by the real estate agent to all persons at the first personal meeting to discuss a specific property.  The form contains more detailed descriptions of the different types of relationships available to you than what is presented here.   Be sure to obtain and read the form before deciding representation you need.  In general there are 5 circumstances that could affect the decision a consumer could make when selecting representation.                 

                0  Seller's Agent

                     A seller can engage the services of a real estate agent to sell their property (called the listing agent) and the real estate agent is then the agent for the seller who becomes the agent's client.  This means the real estate agent represents the seller and owes the seller undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability .   However, the agent must disclose known material defects in the real estate.  The agent must put the seller's interests first and negotiate the best price and terms for the client, the seller.

                0  Buyer's Agent

                     A buyer can engage the services of a real estate agent to purchase property and the real estate agent is then the agent for the buyer who become's the agent's client.  This means the real estate agent represents the buyer and owes the buyer undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability .   However, the agent must disclose known material defects in the real estate.  The agent must put the buyer's interests first and negotiate the best price and terms for the client, the buyer.

                0   (Non-Agent) Facilitator

                      When a real estate agent works as a facilitator where the agent assists the seller and buyer in reaching an agreement but does not represent either the buyer or the seller in the transaction.  The facilitator and the broker with whom the facilitator is affiliated owe the seller and the buyer a duty to present each property honestly and accurately by disclosing known material defects about the property and owe a duty to account for funds.

                0    Designated Seller's and Buyer's Agent

                       A real estate agent can be designated by another real estate agent to represent either the buyer or the seller, provided the buyer or seller expressly agress to such designation.  The real esate agent once so designated is then the agent for either the buyer or seller who becomes their client.  The designated agent owes the buyer or seller undivided loyalty, resasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability.  The agent must always dislcose known material defects in the real estate.  The agent must always put hteor client's interests first and negotiate for the best rpice and terms for their client.

                 0    Dual Agent

                        A real estate agent may act as a dual agent representing both the seller and the buyer in a transaction but only with the express and informed consent of both the seller and the buyer.  Written consent to dual agency must be obtained by the real estate agent prior to the execution of an offer to purchase a specific property.  A dual agent shall be nuetral to any conflicting interest of the seller and buyer.  Consequently a dual agent cannot satisfy the duties of loyalty, full disclosure, obedience to lawful instructions.  A dual agent does, however, still owe a duty of confidentiality of material information and accounting of funds.