Real estate agency in New Brunswick, Canada

Your Real Estate Agency Charter Of Rights

In New Brunswick the Financial and Consumer Services Commission in charge of issuing Real Estate Licenses. "An agent's license is issued to the corporate body, partnership or individual who is legally responsible for contracts, financial accountability, advertising, sales representatives and other matters respecting the trading in real estate."

Licensed Real Estate Agents do not sell a product. They provide real estate services to their clients. And frankly it's better for both the buyer(s) and seller(s) in any transaction to have the opportunity to benefit from the full representation of their respective Agents. Whether you're a buyer or seller, if you so choose, you have the right to the continuous advice, assistance, and undivided loyalty of your own Agent in your real estate dealings.

You should never assume that an Agent is acting on your behalf unless you have made the necessary arrangements for the Agent to be your Agent. And understand that "Agent" includes all sales representatives licensed under the Agent. Factoid - The Code of Ethics used in New Brunswick requires disclosure of the Agency role at the earliest possible opportunity. Here is a link to my Disclosure of Role - Agency.

When buyers engage their own Agent, the Agent is obligated to obtain the property at the lowest price and best terms possible.

When sellers engage their own Agent, the Agent is obligated to obtain the property at the highest price and best terms possible.

It is your right to make all the business decisions including, especially, the terms upon which you engage an Agent directly or indirectly and precisely how, or even whether, you authorize your Agent to use a Multiple Listing Service. For examples, you might choose not to offer unilateral sub-agency or you may choose to vary the commission offered to a dual-agent.

Property finders/facilitators introduce prospective sellers and buyers who will communicate, negotiate, and contract directly with sellers. Property finders/facilitators are not licensed nor are they Agents. They owe no loyalty or fiduciary duties to either party. They may solicit payment from both parties and they cannot be relied upon for any advice or assistance in negotiations.

A Single Agent (Buyer's or Seller's Agent) represents the buyer or seller in a fiduciary capacity. They will either represent buyers or sellers, but never both in the same transaction. Sub-Agents are Agents of the Listing Agency employed by the Principal.

Dual-agents can legally represent both the Seller and the Buyer with the knowledge and informed consent of both the Seller and the Buyer. These Dual Agency Agreements vary widely and often do not address conflicts in the duties of loyalty, obedience, disclosure and confidentiality in the same way. Read them carefully and remember you have the right to seek independent legal advice before signing any dual agency agreement.

AGENT - FIDUCIARY

When acting as your Agent, a real estate Agent and their sales representatives owe the following fiduciary duties to you, the Principal:

Undivided Loyalty - which prohibits your Agent from advancing any interests adverse to yours or conducting your business to benefit him/herself or others.
Obedience - which requires your Agent to act subject to your continuous control by not exceeding the scope of authority conferred by you and by obtaining and following your lawful instructions.
Competence and Reasonable Care - which requires your Agent to: a) protect you from foreseeable risks of harm; b) exercise such care, skill, and competence necessary to ensure the transaction of your business to your best advantage; and c) recommend that you obtain expert advise or assistance when your needs are outside the scope of your Agent's expertise.
Confidentiality - which prohibits your Agent from using or communicating information confidentially given to or acquired by him/her within the scope of employment as your Agent.
Full Disclosure - which requires your agent to disclose affirmatively all information concerning the transaction of your business which might affect your best interest including, especially, information about any existing or proposed interests which might be adverse to yours. To be adequate, such disclosure must clearly and completely disclose all the facts including their real effect on your interests and it must occur early enough for you to be able to use the information to take steps to protect your own interests.
Accountability - which requires your Agent to promptly report to you all money and property received and paid out and, upon request, to render an accounting and return all money and property lawfully belonging to you.

THE SPECIAL VALUE OF FIDUCIARY LOYALTY

When a real estate Agent and their sales representatives act as your Agent, they must:

* Put your best interests before all others including their own. It is this undivided loyalty that represents the extra value that an Agent's services have to consumers over the services of non-fiduciaries including dual agents who offer no undivided loyalty and diminished representation.

* Not represent interests, adverse to you, in the same transaction in which they agreed to act as your Agent because of the inherent conflict in the obligations owed to the two parties. For example, a Single Agent must not represent the seller and the buyer or the landlord and the tenant in the same transaction. If your Agent is disloyal, (s)he could be required to forfeit compensation unless (s)he can prove that you freely gave your Informed Consent to such disloyalty. For your consent to be informed, your Agent must show that (s)he made Full Disclosure of the entire truth, including its real effect on your best interests, in words that plainly explain the risks and detriments of consenting to any proposal that basically asks you to waive your right to your Agent's undivided loyalty.

Larry Estabrooks, Licensed Independent Real Estate Agent
Moncton, New Brunswick, Canada, 506-856-0202

Click here to send me a message