Agency Representation
When you enter into a discussion with a real estate salesperson or broker regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you will have with the salesperson or broker in the transaction.

Listing Agent
A Listing Agent is the salesperson or broker who becomes an agent of the Seller and works on behalf of and represents the best interests of the Seller, while treating the Buyer honestly and fairly. According to the law of agency, obligations of the Listing Agents include but are not limited to the following:
To the Seller:
(a) Owe the Seller a fiduciary duty of loyalty, diligence, confidentiality, obedience, accounting and reasonable care; and
(b) Represent the best interests of the Seller.

To the Buyer:
(a) Treat the Buyer honestly and fairly.
Seller's Subagent
A Seller's Subagent is a real estate salesperson or broker from either the listing company or cooperating company who becomes an agent of the Seller and works on behalf of and represents the best interests of the Seller, while treating the Buyer honestly and fairly. According to the law of agency, obligations of the Seller's Subagents include but are not limited to the following:
To the Seller:
(a) Owe the Seller a fiduciary duty of loyalty, diligence, confidentiality, obedience, accounting and reasonable care; and
b) Represent the best interests of the Seller.

To the Buyer:
(a) Treat the Buyer honestly and fairly.
Buyer's Agent
A Buyer's Agent is a real estate salesperson or broker who becomes an agent of the Buyer and works on behalf of and represents the best interests of the Buyer, while treating the Seller honestly and fairly. According to the law of agency, obligation of the Buyer's Agents include but are not limited to the following:
To the Buyer:
(a) Owe the Buyer a fiduciary duty of loyalty, diligence, confidentiality, obedience, accounting and reasonable care; and
b) Represent the best interests of the Buyer.

To the Seller:
(a) Treat the Buyer honestly and fairly.
Seller/Buyer Responsibility
The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect their own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advise is desired, consult a competent professional.

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