Representations and Obligations

When working with a real estate agent, it's important to understand the difference between a fiduciary duty to a client versus a duty to a customer. A fiduciary duty means that the agent has a legal obligation to act in the best interests of their client, while a duty to a customer means that the agent is simply working with a customer to buy or sell a property without the same legal obligations.

It's important to note that not all real estate agents are licensed realtors. A licensed realtor is a professional who is a member of the National Association of Realtors and is bound by a strict code of ethics, which includes a fiduciary duty to their clients.

By working with a licensed realtor who has a fiduciary duty to you, you can expect a higher level of service and protection. Your realtor will be obligated to keep your best interests in mind and provide you with full disclosure of any information that may impact your decision to buy or sell a property.

This includes providing you with accurate and timely information about properties, helping you negotiate the best price and terms, and ensuring that all legal and financial obligations are met throughout the transaction.

Additionally, a licensed realtor will be held to a higher standard of professionalism and ethics, which means that if you have any issues or concerns during the buying or selling process, your realtor will be there to help you address them.

In short, working with a licensed realtor who has a fiduciary duty to you can provide you with peace of mind and help ensure that your real estate transaction goes smoothly. If you're considering buying or selling a property, be sure to choose a licensed realtor who can provide you with the highest level of service and protection.

A realtor operates under fiduciary responsibility, which is a crucial aspect of their role in serving clients. Fiduciary duty is a legal and ethical obligation that requires realtors to act in the best interests of their clients and prioritize their clients' needs above their own. Here's a brief explanation of how a realtor operates under fiduciary responsibility:

1. Trust and Confidence: As a realtor, they are entrusted with confidential information and have a duty to maintain the trust and confidence of their clients. This means they must keep sensitive information confidential and use it solely for the benefit of their clients.

2. Loyalty: Realtors have a duty to be loyal to their clients and put their clients' interests first. This means avoiding any conflicts of interest and acting in a manner that promotes the clients' objectives and goals.

3. Full Disclosure: Realtors are obligated to provide full and accurate information to their clients, ensuring they have all the relevant details needed to make informed decisions. This includes disclosing any known material facts or potential issues that may affect the clients' decisions.

4. Skill and Care: Realtors are expected to possess the necessary skills and knowledge to provide competent and professional services to their clients. They should stay updated on market trends, regulations, and industry practices to better serve their clients.

5. Advocacy and Negotiation: Realtors act as advocates for their clients, representing their interests during negotiations and transactions. They strive to obtain the best possible terms and conditions on behalf of their clients.

6. Ongoing Communication: Effective communication is essential in fulfilling fiduciary responsibility. Realtors should maintain regular and clear communication with their clients, keeping them informed about relevant matters and addressing any questions or concerns they may have.

Operating under fiduciary responsibility means that realtors are legally and ethically bound to act in the best interests of their clients. This commitment ensures that clients can trust their realtor to guide them through the real estate process with integrity and professionalism.

• Professional Expertise and Guidance: By working with a reputable brokerage and its experienced real estate agents, clients can tap into their industry knowledge, market insights, and transactional expertise. This guidance helps clients make informed decisions, navigate complex legalities, and optimize outcomes.

• Advocacy and Negotiation Support: A realty brokerage acts as an advocate for the client's interests. They negotiate on their behalf, ensuring favorable terms, protecting their legal rights, and seeking the best possible outcome in the transaction.

• Access to Resources and Networks: Real estate brokerages often have access to a wide range of resources, including comprehensive property databases, industry connections, and professional networks. This access helps clients identify suitable properties, connect with qualified professionals, and access market information not readily available to the public.

• Risk Mitigation: Proper representation reduces the risk of legal pitfalls, potential disputes, or costly mistakes in the real estate transaction. The brokerage's knowledge of local laws, regulations, and best practices can help clients navigate legal complexities and minimize potential risks.

• Peace of Mind: Having proper representation provides clients with peace of mind throughout the real estate process. They can rely on the expertise and support of their brokerage to handle the intricate details, paperwork, and negotiations on their behalf. This relieves clients of significant stress and allows them to focus on their other priorities while having confidence that their real estate matters are being handled professionally.

• Confidentiality and Privacy: A representation agreement establishes a confidential relationship between the client and the brokerage. This means that the brokerage is obligated to maintain the confidentiality of the client's personal and financial information, ensuring their privacy is protected.

Under a representation agreement with a realty brokerage, clients have certain obligations and responsibilities. These obligations may vary depending on the specific terms of the agreement, local laws, and regulations. Here are some common client obligations under representation agreements and the legalities and benefits associated with proper representation:

1. Loyalty and good Faith: Clients are generally obligated to act in good faith and be loyal to their real estate brokerage. This means they should prioritize the interests of the brokerage and maintain honest and transparent communication throughout the transaction.

• Legalities: Failing to act in good faith or breaching the duty of loyalty could potentially lead to legal consequences, such as a breach of contract claim or a dispute with the brokerage.

• Benefits: By fulfilling their obligations of loyalty and good faith, clients can establish a trusting and cooperative relationship with their brokerage. This can lead to better representation, effective negotiation, and a smoother real estate transaction.

2. Exclusive Representation: Clients typically commit to working exclusively with the brokerage and its assigned real estate agent. This means they will not engage with other real estate professionals or seek out properties on their own.

• Legalities: Exclusive representation is legally binding, and clients may face consequences, such as legal disputes or termination of the representation agreement, if they breach the exclusivity commitment.

• Benefits: Working exclusively with one brokerage and agent ensures focused attention and dedicated resources for the client's real estate needs. The brokerage can leverage their expertise, market knowledge, and network to provide better guidance, personalized service, and access to suitable properties.

3. Financial Obligations: Clients have the responsibility to fulfill their financial obligations as outlined in the representation agreement. This may include paying agreed-upon fees, commissions, or other financial arrangements.

• Legalities: Non-payment or failure to fulfill financial obligations can lead to legal disputes, such as breach of contract claims or potential legal action by the brokerage to recover unpaid amounts.

• Benefits: Fulfilling financial obligations allows the brokerage to continue providing professional services, including market research, property analysis, negotiation support, and other resources that contribute to a successful real estate transaction.

4. Cooperation and Timeliness: Clients are expected to cooperate with their brokerage and provide timely information and documentation as required for the transaction. This includes responding promptly to requests for information, attending property viewings, and cooperating during negotiations.

• Legalities: Failing to cooperate or providing inaccurate or misleading information may hinder the brokerage's ability to effectively represent the client's interests and could potentially result in legal disputes.

• Benefits: Cooperation and timely communication facilitate efficient and well-informed decision-making. It allows the brokerage to provide accurate advice, timely updates, and ensure a smooth coordination of activities throughout the transaction.

TYPES OF REAL ESTATE LICENSE HOLDERS:

• A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker.

• A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker.

A BROKER’S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents):

• Put the interests of the client above all others, including the broker’s own interests;

• Inform the client of any material information about the property or transaction received by the broker;

• Answer the client’s questions and present any offer to or counter-offer from the client; and

• Treat all parties to a real estate transaction honestly and fairly.

A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION:

AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the owner, usually in a written listing to sell or property management agreement. An owner's agent must perform the broker’s minimum duties above and must inform the owner of any material information about the property or transaction known by the agent, including information disclosed to the agent or subagent by the buyer or buyer’s agent.

AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the broker’s minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller’s agent.

AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. A broker who acts as an intermediary:

• Must treat all parties to the transaction impartially and fairly;

• May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction.

• Must not, unless specifically authorized in writing to do so by the party, disclose:

  • that the owner will accept a price less than the written asking price;

  • that the buyer/tenant will pay a price greater than the price submitted in a written offer; and

  • any confidential information or any other information that a party specifically instructs the broker in writing not to disclose, unless required to do so by law.

AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first.

TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH:

• The broker’s duties and responsibilities to you, and your obligations under the representation agreement.

• Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated.

LICENSE HOLDER CONTACT INFORMATION:

• This notice is being provided for information purposes. It does not create an obligation for you to use the broker’s services. Please acknowledge receipt of this notice and retain a copy for your records.

IABS 1-0; TAR 2501; REGULATED BY THE TX REAL ESTATE COMMISSION; ALL CITY REAL ESTATE LTD. CO

• The TX real estate commission (TREC) regulates real estate brokers and sales agents, real estate inspectors, home warranty companies, easement and right-of-way agents, and timeshare interest providers. 

• You can find more information and check the status of a license holder at TREC.TEXAS.GOV

• You can send a complaint against a license holder to TREC; a form is available on the TREC site

• TREC administers two recovery funds which may be used to satisfy a civil court judgment against a broker, sales agent, real estate inspector, or easement or right-of-way agent, if certain requirements are met If you have questions or issues about the activities of a license holder, the complaint process or the recovery funds, please visit their site or contact TREC at TEXAS REAL ESTATE COMMISSION, PO BOX 12188, AUSTIN, TX 78711-2188, 512-936-3000

TAR-2503; ALL CITY REAL ESTATE LTD. CO.; PO BOX 170524, AUSTIN TX 78717

• Client grants to Broker the 'Exclusive right to act' as Client’s real estate agent for the purpose of acquiring (purchase/lease) property in the Austin market area.

• By accepting to work with Felix (LIC:667130), you/Client will work EXCLUSIVELY with and through AllCity Broker in acquiring property in the market area and will inform other real estate professionals (brokers, salespersons, builders, etc.) and sellers/landlords that Broker exclusively represents Client for the purpose of acquiring property in the market area and refer all such persons to Broker.

• Client may be required to compensate All City for services provided.

• Do not send personal information, such as bank account numbers or other financial information, via email or other electronic communication. Criminals are targeting real estate transactions by gaining access to electronic communications or sending emails that appear to be from a real estate agent, a title company, a lender, or another trusted source. These fraudulent emails seem legitimate and direct you to wire funds to a fraudulent account. Once you wire funds to the fraudulent account, your money is gone. 

• If you receive any electronic communication regarding wiring instructions, even if the communication appears to come from a legitimate source, you should verify the communication's authenticity prior to the transfer of funds in person or via phone call using a recognized phone number that is not found in the communication. 

• We'll never use any electronic communications, such as email, text messages, or social media messages, to ask you to wire funds or provide personal information. If you think you are being targeted in wire fraud, immediately notify law enforcement, your lender, the title company, and your agent.

• As your real estate agent and brokerage, we would like to remind you that all written communication, whether it be to us or from us, should be considered actual knowledge. This means that any information that is communicated in writing, including emails and text messages, should be taken seriously and considered as a formal representation of our understanding of the matter. 

• It is important that all parties involved in any real estate transaction are aware of the information conveyed in written communication, as it may impact the decisions made throughout the process. Furthermore, we highly recommend that all agreements and contracts and amendments be put in writing to avoid any misunderstandings or disputes. 

• It is also important to note that verbal communication cannot be deemed reliable in a court of law. Therefore, we strongly advise that any important information or agreements be put in writing to ensure that all parties involved are clear on the terms and conditions.