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Legal Blog - Agency
Oct 31, 2016
When must a licensee disclose a brokerage relationship?
A licensee must disclose any brokerage relationship that licensee has with another party to the transaction upon having a substantive discussion about a specific property
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Sep 27, 2016
When can a Buyer's Agent call a Seller Directly?
All dealings concerning property exclusively listed, or with buyer/tenants who are subject to an exclusive agreement shall be carried on with the client's agent or broker, and not with the client . . .
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Sep 23, 2016
What constitutes substantive discussion about a particular property?
A discussion like how does this Tudor home compare to the one down the street, moves conversation into a discussion about a specific property.
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Sep 20, 2016
What is a Sub-Agency?
Sub-agency is one type of brokerage relationship. It was the predominant method of establishing a brokerage relationship until the mid 1990s.
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Sep 16, 2016
Who represents the buyer when a sub-agent is involved in the real estate transaction?
The listing agent and sub-agent both represent the seller while the buyer remains unrepresented in the real estate transaction
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Sep 13, 2016
Does the seller have to consent to sub-agency?
A listing agent should discuss sub-agency with a seller when taking a listing to determine whether or not the seller will consent to sub-agency.
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Sep 9, 2016
Does the buyer have to consent to sub-agency?
A buyer may decline to work with a sub-agent if he or she prefers to work with a real estate licensee under a buyer agency or non-agency.
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Sep 7, 2016
Why even consider sub-agency if it is so rarely used by real estate brokerage firms?
A few listing agents have mistakenly told clients that sub-agency is a listing firms share of the commission while buyer agency is the buyer-brokers share.
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Sep 5, 2016
How can I, as the listing agent, avoid paying the cooperative compensation twice if I offer compensation to both sub-agents and buyer agents (or three times if I offer cooperative compensation to sub-agents, buyer agents and non-agents)?
A listing agent does not have to pay a cooperative compensation to more than one cooperating firm.
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Aug 30, 2016
Under what circumstances is a manufactured [mobile] home a vehicle versus real estate? When may it be listed for sale or lease in the MLS?
If a manufactured [mobile] home has wheels and/or other equipment used for mobility, it is considered to be a vehicle, and therefore personal property
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Aug 26, 2016
When do I become an agent, and when does that relationship end?
Brokerage relationship shall commence at the time that a client engages a licensee and shall continue until the termination date or other conditions prescribed in the contractual agreement.
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Aug 23, 2016
What is a designated agent and what services can a designated agent provide?
Designated Agent or Designated Representative means a licensee who has been assigned by a principal or supervising broker to represent ...
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Aug 19, 2016
What is a dual agent?
Dual Agent or Dual Representative means a licensee who has a brokerage relationship with both seller and buyer in the same real estate transaction.
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Aug 16, 2016
As a dual agent what services can you provide?
The code of Virginia sets forth what services a dual agent cannot provide.
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Aug 12, 2016
Does a limited service agent have an agency relationship with the client?
The agency relationship is limited in scope to the services the client has selected. However, a limited service agent still owes all the same duties to the client as a regular agent.
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Aug 9, 2016
What is a limited service agent?
A limited service agent is an agent who performs limited services selected by the client.
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Aug 5, 2016
What is a non-agent?
A non-agent is a person who does not represent the customer as an agent of that client. Rather that person is simply performing ministerial acts on behalf of the customer.
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