Responsibilities of Agent to Non-Client Third Parties

Real estate agents owe limited duties to parties who are not their principals.

• Honesty and fair dealing
• No misrepresentation or fraud
• Disclosure of known material facts affecting value or safety
• Compliance with real estate law

• Must disclose known material defects
• Applies even if agent represents the opposite party
• Includes property condition and legal issues
• Cannot conceal or misstate facts

• No duty of loyalty to non-clients
• No duty to protect confidential information of non-clients
• No obligation to advise on price or negotiation strategy

• Use of statutory disclosure forms when required
• Transfer Disclosure Statement (TDS)
• Natural Hazard Disclosure (NHD)
• Known defects must be revealed

• Exercise reasonable care
• Avoid misleading statements
• Verify information when necessary

• Must treat both parties honestly
• Cannot favor one party unfairly
• Must disclose agency relationship clearly

• Civil liability
• Disciplinary action by the DRE
• Possible loss of license