 |
THE BUYER'S AGENT OF THE POCONO'S REALTY (formerly Buyer's Resource of the Poconos Realty) |
|
THE BUYER'S AGENT OF THE POCONO'S REALTY (formerly Buyer's Resource of the Poconos Realty) |
|
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDSPART I. DEPARTMENT OF STATESubpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRSCHAPTER 35. STATE REAL ESTATE COMMISSIONREAL ESTATE DOCUMENTS§ 35.336. Disclosure summary.(a) The disclosure summary shall be entitled ''Consumer Notice'' and shall be in the following form: CONSUMER NOTICETHIS IS NOT A CONTRACTPennsylvania Law requires real estate brokers and salespersons (licensees) to advise consumers of the business relationships that a consumer may have with a licensee. This notice must be provided to the consumer at the first contact where a substantive discussion about real estate occurs. Before you disclose any information to a licensee, be advised that unless you select a business relationship by signing a written agreement, the licensee is NOT representing you. A business relationship will NOT be presumed. Any licensee who provides you with real estate services owes you the following duties: * Exercise reasonable professional skill and care. * Deal honestly and in good faith. * Present, in a timely manner, all offers, notices, and communications to and from the parties in writing, unless waived. * Comply with Real Estate Seller Disclosure Act. * Account for escrow and deposit funds. * Disclose, in a timely manner, all conflicts of interest and financial interests. * Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee's expertise. * Keep the consumer informed about the transaction and the tasks to be completed. A licensee may have the following business relationships with the consumer: Seller Agency:Seller agency is a relationship where the licensee, upon entering into a written agreement, works only for a seller/ landlord. Seller's agents owe the additional duties of: * Loyalty to the seller/landlord by acting in the seller's/landlord's best interest. * Confidentiality, except that a licensee has a duty to reveal known material defects about the property. * Making a continuous and good faith effort to find a buyer for the property. * Disclosure to other parties in the transaction that the licensee has been engaged as a seller's agent. A seller's agent may compensate other brokers as subagents if the seller/landlord agrees in writing. Subagents have the same duties and obligations as the seller's agent. Seller's agents may also compensate buyer's agents and transaction licensees who do not have the same duties and obligations as seller's agents. If you enter into a written agreement, all the licensees in the real estate company owe you the additional duties identified above under seller agency. The exception is designated agency. See the designated agency section in this notice for more information. Buyer Agency:Buyer agency is a relationship where the licensee, upon entering into a written agreement, works only for the buyer/tenant. Buyer's agents owe the additional duties of: * Loyalty to the buyer/tenant by acting in the buyer's/tenant's best interest. * Confidentiality, except that a licensee is required to disclose known material defects about the property. * Making a continuous and good faith effort to find a property for the buyer/tenant. * Disclosure to other parties in the transaction that the licensee has been engaged as a buyer's agent. A buyer's agent may be paid fees, which may include a percentage of the purchase price, and, even if paid by the seller/landlord, will represent the interests of the buyer/tenant. If you enter into a written agreement, all the licensees in the real estate company owe you the additional duties identified above under buyer agency. The exception is designated agency. See the designated agency section in this notice for more information. Dual Agency:Dual agency is a relationship where the licensee acts as the agent for both the seller/landlord and the buyer/tenant in the same transaction with the written consent of all parties. Should dual agency occur in your transaction, you will be informed. Dual agents owe the additional duties of: * Taking no action that is adverse or detrimental to either party's interest in the transaction. * Making a continuous and good faith effort to find a buyer for the property and a property for the buyer. * Confidentiality, except that a licensee is required to disclose known material defects about the property. Designated Agency:In designated agency, the employing broker may, with your consent, designate one or more licensees from the real estate company to act exclusively as the agent for the seller/landlord and one or more licensees to act exclusively as the agent for the buyer/tenant. Other licensees in the company who are not designated may represent another party and should not be provided with any confidential information. The designated agent(s) shall have the duties to the seller/landlord or buyer/tenant as listed above under seller agency and buyer agency. In designated agency, the employing broker will be a dual agent and have the additional duties of: * Taking reasonable care to protect any confidential information disclosed to the salesperson. * Taking responsibility to direct and supervise the business activities of the licensees who represent the seller and buyer while taking no action that is adverse or detrimental to either party's interest in the transaction. The designation may take place at the time that the parties enter into a written agreement, but may occur at a later time. Regardless of when the designation takes place, the broker is responsible for ensuring that confidential information is not disclosed. Transaction Licensee:A transaction licensee is a broker or salesperson who provides communication or document preparation services or performs other acts for which a license is required WITHOUT being the agent or advocate for either the seller/landlord or the buyer/tenant. Upon signing a written agreement or disclosure statement, a transaction licensee has the additional duty of limited confidentiality in that the following information may not be disclosed: * the seller/landlord will accept a price less than the asking/listing price. * the buyer/tenant will pay a price greater than the price submitted in a written offer. * the seller/landlord or buyer/tenant will agree to financing terms other than those offered. Other information deemed confidential by the consumer should not be provided to the transaction licensee. OTHER INFORMATION ABOUT REAL ESTATE TRANSACTIONSThe following are negotiable and shall be addressed in an agreement/disclosure statement with the licensee: * The duration of the licensee's employment, listing agreement or contract are negotiable. * The licensee's fees or commission are negotiable. * The scope of the licensee's activities or practices are negotiable. * The broker's cooperation with other brokers. Any sales agreement must contain the zoning classification of a property except in cases where the property is zoned solely or primarily to permit single family dwellings. Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658. __________ I acknowledge that I have received this disclosure.
__________ I certify that I have provided this document to the above consumer during the initial interview.
Adopted by the State Real Estate Commission at
|
