CountyRealty 

Office Policy Regarding  Agency - (No Obligation Created)

 

 

 

 

 

HOW AGENTS WORK FOR PEOPLE: Indiana law clearly states that at the beginning of an agency relationship, a licensee shall disclose in writing this Office Policy Regarding Agency as set forth in this section before the disclosure by the potential seller, landlord, buyer, or tenant; of any confidential information specific to that potential seller, landlord, buyer, or tenant. A licensee shall be a licensed real estate broker and/or REALTOR.

Representing Buyers is known as Buyer Agency - Indiana law (IC.25-34.1-10-9.5) provides that STEVE FREEMAN / COUNTYREALTY has an agency relationship with, and am representing the individual with whom I am working unless: #1 There is a written agreement to the contrary or #2 STEVE FREEMAN / COUNTYREALTY is assisting the individual in a CUSTOMER* relationship.  I represent the best interests of the Buyer as a Buyer's Agent when showing properties listed by any other company except CountyRealty. I owe duties of trust, loyalty, confidentiality, accounting, and disclosure the Buyer.  I must deal honestly with a Seller.  All representations made by me are made as an agent of the Buyer. (See IC 25-34.1-10-11).

Representing Sellers is known as Seller Agency - Indiana laws cited for Buyer Agency apply here also. I represent the best interests of the Seller as a Sellers Agent when I assist in the sales of their property.  I owe duties of trust, loyalty, confidentiality, accounting, and disclosure to the Seller.  I must deal honestly with a Buyer and disclose information to the Buyer about the property. All representations made by me about the property are made as an agent of the Seller.  The Seller is advised that the property may be sold with the assistance of other brokerages/REALTORS working as Buyer Agents. It is the office policy of STEVE FREEMAN / COUNTYREALTY to cooperate with and compensate Buyer Agents. Buyer Agents are described above.  All representations made by Buyer Agents about the property are not made as an agent of the Seller.  (See IC 25-34.1-10)

Representing  Both Buyers and Sellers is known as Limited Agency  -  Real Estate Brokers are capable of representing both buyer and seller in a real estate transaction. If this occurs, then STEVE FREEMAN / COUNTYREALTY has certain Agency duties to both Buyer and Seller; both of which have different expectations and parties could be adversarial.  If I find this to be true, then Limited Agency arises. If I consent to be a Limited agent, then I shall not disclose the following without the informed consent, IN WRITING, of both Buyer and Seller:

1. Any material or confidential information, except adverse material facts or risks actually known by me concerning the physical condition of the property and facts required by statue, rule, or regulation to be disclosed that could not be discovered by a reasonable and inspection of the property by the parties. (The Parties are Buyer, Seller, and inspectors)  2. That a Buyer will pay MORE than the offered purchase price for the property. 3. That a Seller will accept LESS than the listed price for the property. 4. Other terms that would create any contractual advantage for one party over the other. 5. What motivates a party to buy or sell a property. 

In a Limited Agency situation, I shall obtain compensation pursuant to a listing contract between STEVE FREEMAN / COUNTYREALTY and the Seller unless a written Buyers Agency Contract provides for an alternative payment method. The parties agree that there will be no imputation of knowledge or information between any party and STEVE FREEMAN / COUNTYREALTY or among brokers/REALTORS. (Don't expect brokers to share this information without written consent, even if brokers are in same office.)  (See IC 25-34.1-10-12)

Video Cameras - In today's world, it is not uncommon for Sellers to use devices that enable observation and/or voice recording of Buyer visits inside and outside of the home being toured; whether known or unknown by the Buyer. It is also not uncommon for Buyers to record interiors/exteriors of homes they are considering purchasing; regardless of whether they buy the property or not.  Act accordingly.

*Customer Relationship - In this situation, I will prepare all offers and forms at the direction of the Buyer and shall offer no advice whatsoever to the Buyer.  I can explain offer terms and clauses but will not offer any advice. This level of assistance is helping the buyer "fill in the blanks" on an offer and related forms and nothing more. I must deal honestly with a Buyer and disclose information to the Buyer about the property. All representations made by me about the property are made as an agent of the Seller.

Signatures Please - Your signature(s) below only indicate that you have received this explanation of how STEVE FREEMAN, Broker and owner of COUNTYREALTY may work for people, whether Buyer or Seller or Both. This in no way creates a Buyer Agency contract, nor a Seller Agency contract, nor any sort of financial obligation; or any obligation whatsoever. We all have copies to share to prove that this event took place; as defined at the very beginning of this writing. This is the law; and CountyRealty is in compliance.

Please sign and date to indicate your acknowledgements; with no obligation created. If you see this online, please "save as PDF", print, add your signatures, scan on your end turning it into another PDF; then send the signed PDF file to me at my email Steve@CountyRealty.com. You can also print and sign, then bring with you to our first home viewing and deliver it to me at that time.  Thanks. 

 

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CountyRealty Office Policy Regarding  Agency  (Last revised/reviewed Aug 2018)

CountyRealty / CountyRealty.Com is wholly owned by Steve Freeman  2000-INFINITY; All Rights Reserved. CountyRealty is committed to the letter and spirit of the US policy for the achievement of equal housing opportunity throughout the nation. CountyRealty encourages and supports affirmative advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.