A dual broker is a broker or salesperson who, pursuant to
a written listing or employment agreement, and a buyer's broker agreement, acts
as the representative of both the buyer and the seller with written authorization
of the seller and the buyer.
We promise to:
- Act solely in the best interests
of the seller and buyer to the exclusion of all other interests, including
those of the dual broker
- Obey promptly and efficiently all
lawful instructions of buyer and seller
- Disclose to buyer and seller all
relevant and material information concerning the real estate transaction,
which is known by the dual broker and not known by the buyer and seller,
unless the information is subject to confidentiality arising from a prior or
existing broker's relationship
- Exercise reasonable skill, care
and diligence in pursuing buyer's and seller's objectives as established in
the buyer broker agreement and in the listing agreement
- Fully account to buyer and seller
for all funds or property of the buyer and seller coming into the dual
broker's possession
- Comply with all applicable federal
and state laws, rules and regulations, and
- Safeguard the buyer's and seller's
confidences, subject to the obligation to disclose to a buyer or a seller any
adverse material facts that are known to the dual broker, regardless of any
confidentiality considerations. The following may not be disclosed without
written consent of the party to whom the information is confidential:
- That the buyer is willing to pay more than the
buyer has offered for the property;
- That the seller is willing to accept less than the
asking price for the property;
- Factors motivating the buyer to buy or the seller to
sell; and
- Any other information that a party specifically
indicates in writing to the dual broker is to be kept confidential and that
is not an adverse material fact.
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