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>>Choose one of the topics below to help you in your home purchase...
Choosing a Real Estate Professional Whether you are selling or buying a home, selecting a real estate sales professional is one of the most important decisions you will make during the process. There are some very important things you should consider when choosing a real estate professional. One of the first considerations is who the agent represents during the process. Interviewing Real Estate Sales Professionals You may want to interview several sales professionals before selecting one to represent you. The real estate professionals you interview should cover the following:
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Protect Yourself With Inspections---It's Your Right As the buyer, you have a duty to exercise reasonable care to protect yourself by conducting a thorough investigation of the property through inspections completed by professionals who will provide a written inspection report. It is extremely important for you to read all the written reports provided by the professionals and discuss the finding of the reports with both your agent and the professional who conducted the inspection. Based upon recommendations by professional inspectors, you have the right to request that the seller make repairs or take corrective action. If the seller is unwilling or unable to satisfy your requests, or you no longer wish to purchase the property in its present condition, you have the right to cancel the agreement if you act within the time periods specified in your purchase agreement. In addition to the inspections listed below, you will need to make a personal inspection of the condition of the property and review the Buyer's Inspection Advisory to determine whether there are other areas that you would like to have inspected during your investigation period. The inspections that are typically completed during an escrow are: · Pest inspection · Home Inspection · Roof Inspection · Well Inspection · Septic Inspection · Chimney/Fireplace/Woodstove Inspection · Heating/Air Conditioning System Inspection BACK TO TOP
Here's What The Law Says About It (from the Civil code, verbatim) Seller's Agent - A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seller: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. To the Buyer and Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property than are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. Buyer's Agent - A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for the Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer. To the Buyer and Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property than are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. Agent Representing Both Seller And Buyer - A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: a) A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with either the Seller or the Buyer. b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party than the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. BACK TO TOP |
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