• 5 Feng Shui Concepts to Help a Home Sell
• 5 Things to do Before Putting Your Home on the Market
• 8 Reasons Why You Should Work With a REALTOR®
• 12 Questions to Ask When Choosing Your REALTOR®
• Checklist: 17 Service Providers You’ll Need When You Sell
• Does Moving Up Make Sense?
• Understand Agency Relationships
• Navigating Short Sales: What to Do When the Sale Price Leaves You Short
• Forms You’ll Need to Sell Your Home
• Open House Safety Tips
• How to Get an Offer on Your Home
• Moving Checklist for Sellers
• Simple Tips for Better Home Showings
• Low-Cost Ways to Spruce Up Your Home’s Exterior
• 12 Tips for Hiring a Remodeling Contractor
• Understanding Capital Gains in Real Estate
• What to Have on Hand for the New Owners

• Simply Stated Closing Summary: A quick reference guide used during the closing process to help the homebuyer better understand the key terms of their settlement documents. (Available in English, Spanish, Chinese, Korean, Vietnamese, Russian, Japanese, & Tagalog)

• Prepare and Avoid: 70-Something Ways You Could Lose Your Home:  (Available in English, American, Spanish, Chinese, Korean, Vietnamese, Russian, Hindi, & Punjabi)  Title insurance is one of the most valuable forms of security that a home buyer/seller can have, yet its benefits are rarely explained.  This brochure provides the information.

• 41 Steps To Buying Your Home (Available in English, Spanish, Chinese, & Vietnamese) This color-coordinated checklist outlines the functions of the real estate professional, the lender, and the title company team.

• En Camino Al Sueno Americano -The Home Buying Process DVD This seven minute step-by-step description of the home buying process will assist in explaining the real estate process to first-time homebuyers, in Spanish.

Understand Agency Relationships

It’s important to understand what legal responsibilities your real estate salesperson has to you and to other parties in the transaction. Ask what type of agency relationship your agent has with you: 

Seller's representative (also known as a listing agent or seller's agent)
A seller's agent is hired by and represents the seller. All fiduciary duties are owed to the seller. The agency relationship usually is created by a listing contract.

Buyer's representative (also known as a buyer’s agent)
A buyer’s agent is hired by prospective buyers to represent them in a real estate transaction. The buyer's rep works in the buyer's best interest throughout the transaction and owes fiduciary duties to the buyer. The buyer can pay the licensee directly through a negotiated fee, or the buyer's rep may be paid by the seller or through a commission split with the seller’s agent.  

Subagent
A subagent owes the same fiduciary duties to the agent's customer as the agent does. Subagency usually arises when a cooperating sales associate from another brokerage, who is not the buyer’s agent, shows property to a buyer. In such a case, the subagent works with the buyer as a customer but owes fiduciary duties to the listing broker and the seller. Although a subagent cannot assist the buyer in any way that would be detrimental to the seller, a buyer-customer can expect to be treated honestly by the subagent. It is important that subagents fully explain their duties to buyers.

Disclosed dual agent
Dual agency is a relationship in which the brokerage firm represents both the buyer and the seller in the same real estate transaction. Dual agency relationships do not carry with them all of the traditional fiduciary duties to clients. Instead, dual agents owe limited fiduciary duties. Because of the potential for conflicts of interest in a dual-agency relationship, it's vital that all parties give their informed consent. In many states, this consent must be in writing. Disclosed dual agency, in which both the buyer and the seller are told that the agent is representing both of them, is legal in most states. 

Designated agent (also called appointed agent)
This is a brokerage practice that allows the managing broker to designate which licensees in the brokerage will act as an agent of the seller and which will act as an agent of the buyer. Designated agency avoids the problem of creating a dual-agency relationship for licensees at the brokerage. The designated agents give their clients full representation, with all of the attendant fiduciary duties. The broker still has the responsibility of supervising both groups of licensees.

Nonagency relationship (called, among other things, a transaction broker or facilitator)
Some states permit a real estate licensee to have a type of nonagency relationship with a consumer. These relationships vary considerably from state to state, both as to the duties owed to the consumer and the name used to describe them. Very generally, the duties owed to the consumer in a nonagency relationship are less than the complete, traditional fiduciary duties of an agency relationship.

Reprinted from REALTOR® magazine (REALTOR.org/realtormag) with permission of the NATIONAL ASSOCIATION OF REALTORS®.