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Alabama law requires you, the consumer, to be informed about the types of
services which real estate
licensees
may perform. The purpose of this disclosure is to give you a summary of these
services.
A
SINGLE AGENT
is a licensee who represents only one party in a sale. That is, a single agent
represents
his or her client. The client may be either the seller or the buyer. A single
agent must be completely
loyal
and faithful to the client.
A
SUB-AGENT is another agent/licensee who also represents only one party in a sale. A
sub-agent
helps
the agent represent the same client. The client may be either the seller or the
buyer. A sub-agent must
also
be completely loyal and faithful to the client.
A
LIMITED CONSENSUAL DUAL AGENT
is a licensee for both the buyer and the seller. This may only
be
done with the written, informed consent of all parties. This type of agent must
also be loyal and faithful to the
client,
except where the duties owed to the clients conflict with one another.
A
TRANSACTION BROKER
assists one or more parties, who are customers, in a sale. A transaction
broker
is not an agent and does not perform the same services as an agent.
*Alabama
law imposes the following obligations on all real estate licensees to all
parties, no matter their
relationship:
1.
To provide services honestly and in good faith;
2. To exercise reasonable care and skill;
3.
To keep confidential any information gained in confidence, unless disclosure is
required by
law
or duty to a client, the information becomes public knowledge, or disclosure is
authorized
in writing;
4. Present all written offers promptly to the seller;
5. Answer your questions completely and accurately.
Further,
even if you are working with a licensee who is not your agent, there are many
things the licensee may
do
to assist you. Some examples are:
1. Provide information about
properties;
2. Show properties;
3. Assist in making a written
offer;
4. Provide information on
financing.
You should choose which type of service you want from a licensee, and sign a
brokerage service agreement. If
you do not sign an agreement, by law the licensee working with you is a
transaction broker.
The licensee’s broker is required by law to have on file an office policy
describing the company’s brokerage
services. You should feel free to ask any questions you have.
The Alabama Real Estate Commission requires the real estate licensee to sign,
date, and provide you a copy of
this form. Your signature is not required by law or rule, but would be
appreciated.
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