responsibilities_of_agent_to_non-client_third_parties

Responsibilities of Agent to Non-Client Third Parties

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

General Duties to Third Parties

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

Disclosure of Material Facts

  • 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 Fiduciary Duty

  • 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

Property Condition Disclosure

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

Duty to Avoid Negligence

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

Dual Agency Considerations

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

Consequences of Breach

  • Civil liability
  • Disciplinary action by the DRE
  • Possible loss of license
responsibilities_of_agent_to_non-client_third_parties.txt · Last modified: by reidjs