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Usually a real estate agent is not a party to the transaction, unless that agent is either the seller or buyer or has an interest in either side. The fact that he may be representing either the buyer or seller or even both does not make him or her an interested party in the agreement. Most states real estate laws clearly state that should an agent have an interest in either side of the tranaction then both parties must be notified for that interest. Thats why you often see and agent sellling his own home, even as a for sale by owner, the advertising and signs should mention that the home is agent owned. Its all about ethics more than the law.
From www.zerotorealestatehero,com
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∙ 11y ago
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Can a residential real estate agent do a commercial transaction?
Yes. It is advised that an attorney draft the contracts so that they are legally binding, but the real estate agent can advise on the deal.
Does a real estate broker still have to pay a commission to a real estate agent if they change offices before the transaction closes?
that completely depends on the agreement between the broker and the agent.
How is a real estate broker different from a real estate agent in California?
A real estate "agent" is licensed to practice real estate, but only under the direct supervision of a broker. Without a broker to oversee their activities and take responsibility for their actions a real estate agent is not allowed to practice. There is a trick of language here though, and it has to do with Agency Law. By law, an agent is a person who acts on behalf of someone else. A real estate broker is also called a real estate agent. This is because they are acting as an agent for the buyer or seller in a transaction. So the broker has the legal title of "broker" generally and the title of agent in relation to his or her client. A real estate agent working under a broker is an agent only to the broker, the broker is agent to the client.
What type of real estate transaction occurs when the buyer or seller requests to be not officially represented?
If the seller, for example, does not have a listing agent; he is representing himself by default. If the buyer does not engage the services of a real estate agent, by default, he is representing himself. The seller would be a FSBO, or For Sale by Owner. The Buyer would be self-represented. The downside for either party not having representation is that a real estate transaction is usually the most expensive purchase people make in their lifetime. There are many things that can go wrong and errors can be very expensive.
Do real estate negotiators need a real estate license?
Yes. Anyone who takes part in the real estate negotiating or procurement other then the buyer, seller or third party escrow is required to hold a real estate license. In California the Bureau of Real Estate issues such a license. The parties to the transaction will be covered up to $100,000 via a department issued bonds for any improper activities that occurs during the transaction.
Can a residential real estate agent do a commercial transaction?
Yes. It is advised that an attorney draft the contracts so that they are legally binding, but the real estate agent can advise on the deal.
Does a real estate broker still have to pay a commission to a real estate agent if they change offices before the transaction closes?
that completely depends on the agreement between the broker and the agent.
What is the role of a real estate principal?
A principal is the main party in a transaction. The buyer and seller are the principals in a real estate transaction. Their roles are self-explanatory. Buyers and sellers are the driving force behind the real estate market.
Who does a Real estate agent represent?
either the buyer or seller of a property There are several types of representation that a real estate agent may be hired to perform. The agent can be retained in a single agency representation to represent the seller or as a buyer-agent representing the buyer. Single agency results in a fiduciary relationship to either the buyer or seller, but not both. Dual agency is where the real estate agent owes a fiduciary relationship to both parties and is not permitted in many states. A real estate agent can also be retained to provide what is called transaction brokerage whereby they do not represent either the buyer or the seller but instead performs services to facilitate the transaction and would be bound to treat both parties fairly but does not owe a fiduciary relationship to either. When retaining the services of a real estate agent inquire as to the nature of their representation and who they in fact represent. Keep in mind that as their representation of a particular party to the transaction evolves, the representation obligations and fiduciary duties may change. It is obligation of the real estate agent to disclose in establishing a relationship and also if and when it changes during the transaction.
Who is a third party purchaser in a real estate transaction?
An outsider with no legal interest in the property.
What is a principal real estate agent?
A person with a state/provincial license to represent a buyer or a seller in a real estate transaction in exchange for commission. Most agents work for a real estate broker or realtor.
How is a real estate broker different from a real estate agent in California?
A real estate "agent" is licensed to practice real estate, but only under the direct supervision of a broker. Without a broker to oversee their activities and take responsibility for their actions a real estate agent is not allowed to practice. There is a trick of language here though, and it has to do with Agency Law. By law, an agent is a person who acts on behalf of someone else. A real estate broker is also called a real estate agent. This is because they are acting as an agent for the buyer or seller in a transaction. So the broker has the legal title of "broker" generally and the title of agent in relation to his or her client. A real estate agent working under a broker is an agent only to the broker, the broker is agent to the client.
What type of real estate transaction occurs when the buyer or seller requests to be not officially represented?
If the seller, for example, does not have a listing agent; he is representing himself by default. If the buyer does not engage the services of a real estate agent, by default, he is representing himself. The seller would be a FSBO, or For Sale by Owner. The Buyer would be self-represented. The downside for either party not having representation is that a real estate transaction is usually the most expensive purchase people make in their lifetime. There are many things that can go wrong and errors can be very expensive.
Do real estate negotiators need a real estate license?
Yes. Anyone who takes part in the real estate negotiating or procurement other then the buyer, seller or third party escrow is required to hold a real estate license. In California the Bureau of Real Estate issues such a license. The parties to the transaction will be covered up to $100,000 via a department issued bonds for any improper activities that occurs during the transaction.
What do you call someone who sells real estate?
A person who sells real estate is called a real estate agent or real estate agent. These professionals are licensed to facilitate the purchase and sale of real estate. Real estate agents play a critical role in the transaction process by helping clients navigate complex markets, negotiate deals, and ensure regulatory compliance. They often work for real estate agencies and earn commissions based on successful real estate transactions. Their expertise and knowledge of the local market make them valuable partners for individuals looking to buy or sell real estate.
Can you be required to use a buildings real estate agent?
Unless you have your own real-estate license, it can be tricky going at it alone. You would never want to defend yourself in the court of law- don't try to represent yourself in a high-stakes real estate transaction.
What COBA does stand in real estate?
COBA: Compensation to Buyer's Agent COTB: Compensation to Transaction Broker CONR: Compensation to Non-Representative
