| Before working with a real estate
broker, you should know that the duties of a broker
depend on whom the broker represents. If you
are a prospective seller or landlord (owner) or a
prospective buyer or tenant (buyer), you should know
that the broker who lists the property for sale
or lease is the owner's agent. A broker who
acts as a buyer's agent represents the buyer. A
broker may act as an intermediary between the parties
if the parties consent in writing. A broker can
assist you in locating a property, preparing a
contract or lease, or obtaining financing without
representing you. A broker is obligated by law
to treat you honestly. IF
THE BROKER REPRESENTS THE OWNER:
The broker becomes the owner's agent by
entering into an agreement with the owner, usually
through a written listing agreement, or by agreeing
to act as a subagent by accepting an offer of
subagency from the listing broker. A subagent
may work in a different real estate office. A
listing broker or subagent can assist the buyer but
does not represent the buyer and must place the
interests of the owner first. The buyer should
not tell the owner's agent anything the buyer would
not want the owner to know because an owner's agent
must disclose to the owner any material information
known to the agent.
IF THE BROKER
REPRESENTS THE BUYER:
The broker becomes the buyer's agent by
entering into an agreement to represent the buyer,
usually through a written buyer representation
agreement. A buyer's agent can assist the owner
but does not represent the owner and must place the
interests of the buyer first. The owner should
not tell a buyer's agent anything the owner would not
want the buyer to know because a buyer's agent must
disclose to the buyer any material information known
to the agent.
IF THE BROKER ACTS AS
AN INTERMEDIARY:
A broker may act as an intermediary between
the parties if the broker complies with The Texas
Real Estate License Act.
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The broker must
obtain the written consent of each party to the
transaction to act as an intermediary. The
written consent must state who will pay the broker
and, in conspicuous bold or underlined print, set
forth the broker's obligations as an
intermediary. The broker is required to treat
each party honestly and fairly and to comply with The
Texas Real Estate License Act. A broker who
acts as an intermediary in a transaction:
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(1) shall treat all
parties honestly;
(2) may not disclose that the owner
will accept a price less than the asking
price unless authorized in writing to do so
by the owner;
(3) may not disclose that the buyer
will pay a price greater than the price
submitted in a written offer unless
authorized in writing to do by the buyer; and
(4) may not disclose any confidential
information or any information that a party
specifically instructs the broker in writing
not to disclose unless authorized in writing
to disclose the information or required to do
so by The Texas Real Estate License Act or a
court order or if the information materially
relates to the conditions of the property. |
With the parties' consent, a
broker acting as an intermediary between the parties
may appoint a person who is license under The Texas
Real Estate License Act and associated with the
broker to communicate with and carry out instructions
of one party and another person who is licensed under
that Act and associated with the broker to
communicate with and carry out instructions of the
other party.
If you choose to have a
broker represent you,
you should enter into a written agreement
with the broker that clearly establishes the broker's
obligations and your obligations. The agreement
should state how and by whom the broker will be
paid. You have the right to choose the type of
representation, if any, you wish to receive.
Your payment of a fee to a broker represents
you. If you have any questions regarding the
duties and responsibilities of the broker, you should
resolve those questions before proceeding.
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