Fiduciary obligations are legal obligations that require a person or company to act in the best interest of another person. In the real estate industry, agents are bound by a fiduciary obligation to their clients. This means they must act in their client’s best interests, not their own.
Real estate agents must be aware of these obligations and should comply with them to not be held liable in a legal manner and to keep the trust and faith of their customers.
Real Estate Agents: Fiduciary Duties
When performing fiduciary capacity, the agent is expected to perform the tasks requested by the client during the selling and buying process while considering the customer’s best interests.
There are six fiduciary obligations that real estate agents must adhere to when working with a customer. These obligations differ based on the extent to which a client is interested in purchasing or selling the property.
Loyalty is a duty
Loyalty is among the essential fiduciary obligations the agent has to his principal. Loyalty demands agents act only in the best interest of their principal, to the exclusion of any other interests, including those of the brokers, and to avoid taking any action that could interfere with their client’s interests.
The obligation to obey
The obligation of obedience obliges the agent to obey the client’s directives and follow the client’s desires.
However, obedience is not the obligation to comply with any illegal instruction, like the demand to make a distinction in the sale or rental of a property or to describe the state of the building falsely.
The duty to disclose
The obligation of disclosure implies agents are legal obligation to reveal any relevant facts regarding the property or transaction to their customers. The term “material facts” refers to things that are reasonably likely to impact a property’s value or desirableness or value.
Accounting is a duty.
Accounting is a duty that requires realtors to keep track of all funds or assets belonging to clients who have entrusted them to them.
The law requires the real estate broker to protect any funds, documents, deeds, or documents connected with his clients’ transactions or business. This is the case for earnest money funds rents, and any expense made on behalf of the client.
The obligation of confidentiality
The confidentiality obligation obliges the agent to protect any information that could undermine his client’s bargaining position if it was revealed.
This includes financial or personal information supplied by the customer and any information gathered during the deal process.
The duty of care that is reasonable
The duty of reasonable care demands the agent to use the same level of care, competence, and diligence that an honest and competent agent would employ in similar situations.
The agent should know the acceptable limitations of their knowledge and provide a truthful account. Fulfill the obligation of reasonable care can also be accomplished by ensuring that you comply with all applicable laws and regulations, including fair housing and civil rights laws.
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