Communication is key to all relationships, and particularly so in matters of real estate. Before getting down the path too far, it’s important to reach agreement regarding the method and frequency of communication. So too is it critical that everyone has mutual understanding of expectations. This article is a general overview of agent responsibilities. Your agent will go into more detail, including the type and scope of agency, applicable in your situation.
The transfer of real estate is a significant undertaking involving many legal duties, responsibilities and restrictions. Â As a result, consumers who decide to sell or buy real estate in California typically select an agent to represent them. This selection may be the result of interviewing one or more agents to determine who best resonates with you.Â
Agents include both independent real estate brokers and associate licensees who work under the supervision of a real estate broker. Â Regardless of whom you select, there are basic standards you should be aware of and expect.Â
Education – School is Never Out
In addition to obtaining a license after extensive instruction, California real estate agents are required to complete continuing education to meet ever-changing consumer needs, laws and regulations. Many agents specialize in areas such as distressed properties, senior housing needs, green technology, relocation and a number of other areas. Â These specialties follow advanced studies focused on how best to serve you and result in designations, i.e. CDPE, SRES and a host of other acronyms.
Fiduciary Duty – Utmost Care, Integrity, Honesty and Loyalty
As your representative, real estate professionals become your agent much like a trustee or executor, but cannot make decisions for you. Agents don’t sign your name, nor can they determine price or terms on your behalf without additional documentation, such as a power of attorney which is a topic far outside the scope of this article. Consider each of the elements of fiduciary duty for a moment and how they may be applied.
Utmost Care requires your agent to do everything in their power, provided it’s also legal, to make sure your best interests are protected. Just like your own wishing lamp, agents do all they can to help you.Integrity is that defining quality that causes agents to act ethically and with a strong moral compass. Did you know agents receive ongoing ethics awareness training? Honesty requires agents to be sincere and they aren’t to be deceitful or commit fraud. How often have you wondered if you were given nice advice instead of good advice? As a seller or buyer, you need honest advice.Loyalty is more than a feeling, it’s knowing your agent has your best interests at heart. This includes not sharing your “bottom line” with the other parties in a sale transaction.
Agent Responsibilities Don’t End at Fiduciary Duty
Agents must treat all parties with honesty, fairness and good faith. This includes being diligent and taking care in their performance. Oh, and there’s one more requirement: disclosure. Like sellers and buyers, agents are required by law to volunteer all material facts which may affect the value or desirability of a property.
When to Consult Other Professionals
Real estate agents provide advice and counseling on real estate. Legal and tax discussions should be held with professionals educated and licensed to advise you in those matters. Very often an agent is asked for their opinion, so please don’t be offended when they instead provide a recommendation to consult the appropriate professional.Â
Real estate may be the single largest financial investment you make; the relationship you form with your agent is an integral part of achieving your goal.
As always, let’s foresee the possibilities . . . and get results!
Resources for this article: Experience; California Business and Professions Code § 10131 et seq.; Civil Code § 2079.13 et seq. and § 2297