responsibilities_of_agent_to_non-client_third_parties
Table of Contents
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
