The ABCs of agency document is a form that real estate agents are required to provide to their clients in accordance with state laws. The document outlines the different types of agency relationships that exist in real estate transactions and explains the responsibilities and obligations of each party involved in the transaction. Here is an explanation of each point in the ABCs of agency document that agents must give and explain to each of their clients:
A. Agency: This section explains what agency means in a real estate transaction and outlines the different types of agency relationships that exist, including buyer's agency, seller's agency, and dual agency. It also explains that an agent must disclose their agency relationship to all parties involved in the transaction.
B. Benefits: This section outlines the benefits of working with an agent, including their expertise and knowledge of the local real estate market, their ability to negotiate on behalf of their clients, and their access to resources and professional networks.
C. Client Duties: This section outlines the responsibilities and obligations of the client in a real estate transaction, including providing accurate information, following the agent's advice and instructions, and cooperating with the agent throughout the process.
D. Disclosure: This section explains the agent's obligation to disclose any material facts or information that could affect the client's decision to buy, sell, or lease a property. It also explains the client's obligation to disclose any known defects in the property.
E. Exclusive Representation: This section explains the concept of exclusive representation, which means that the agent represents only one party in the transaction. It outlines the benefits and obligations of exclusive representation, including loyalty, confidentiality, and full disclosure.
F. Fiduciary Duties: This section explains the agent's fiduciary duties and responsibilities to their client, including loyalty, confidentiality, disclosure, obedience, reasonable care and diligence, and accounting.
G. General Duties: This section outlines the general duties of the agent, including acting in good faith, providing honest and ethical service, and using their best efforts to represent their client's interests.
H. Home Inspection: This section explains the importance of a home inspection and the client's obligation to obtain one. It also explains the agent's obligation to disclose any known defects in the property.
I. Independent Contractor: This section explains that the agent is an independent contractor, not an employee of the client, and that they are responsible for their own expenses and taxes.
J. Jurisdiction: This section outlines the jurisdiction and governing law that applies to the transaction.
Overall, the ABCs of agency document provides a clear and concise explanation of the agency relationship and the responsibilities and obligations of both the agent and the client in a real estate transaction. It is important that agents provide and explain this document to their clients to ensure that they understand their rights and obligations in the transaction.
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