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Basic Real Estate Definitions


Agent, Broker & REALTOR® What Do They Mean?

All REALTORS® are required to explain the nature of their relationship with all parties whom they contact in connection with a Real Estate transaction. This is often referred to as "Agency Disclosure" since the REALTOR must establish and disclose whether you will be their "Client" or their "Customer". There are substantial differences in the duties owed and the services provided to Clients and Customers, and you should be familiar with your options before committing to either.
 
Definitions:

    Many people commonly use the terms Salesperson, Broker, Agent and REALTOR® interchangeably, as if they are all one and the same. The truth is that these terms have different meanings and we should be careful in their use.

    Salesperson
    The term "Salesperson" (as in Real Estate Salesperson or Real Estate Sales Representative) refers to someone who has attained all of the licensing requirements needed to help the public buy, sell, lease, exchange or negotiate for any interest in either real property or a business opportunity. All Salespersons must work under the direct supervision of a licensed Broker.

    Broker
    The term "Broker" (as in Real Estate Broker) specifically refers to someone who has the required qualifications and license to be in the Real Estate brokerage business. Brokers can do everything that a registered Salesperson can, but in addition they are also qualified to own, operate and supervise an actual Real Estate company and employ Salespeople to work for them.

    Agent
    While the term "Agent" is not specific to the Real Estate industry, most Real Estate Salespeople, Brokers and REALTORS do act as agents when conducting business. An Agent is defined as anyone who represents another in a business transaction.

    REALTOR®
    The word REALTOR® is actually a registered trademark that can only be used by someone who has been accepted as a member of the Canadian Real Estate Association (CREA). This organisation requires all of its members to adhere to a strict Code of Ethics and Standards of Business Practice. The Code and Standards are very important because they assure that all REALTORS offer the highest level of service, honesty and integrity possible. All REALTORS are subject to constant professional monitoring that keeps them directly accountable to the individual consumers they serve. CREA also ensures that all of its members are knowledgeable and highly trained in order to better serve the public and offers ongoing education courses so that REALTORS continue to meet the highest professional standards in an ever-changing industry.

    Fiduciary:
    A person in a position of trust and confidence who must put the interests of another person (their client) above all others.

    Client:
    Often referred to as a Principal, a Client is a person who asks an Agent to act on his or her behalf during the purchase, sale, exchange or rental of a property or business. An Agent owes their clients full fiduciary duties, such as loyalty, confidentiality, accountability, duty of care, obedience to all lawful instructions, and full disclosure of all pertinent facts.

    Customer:
    A customer is a person who has not retained an Agent to work on his or her behalf. While a customer does not enjoy the fiduciary duties and benefits of the Client-Agent Relationship, they are nevertheless entitled to be treated fairly, honestly and with due care at all times.

 
Types of Agency Relationships:

An agency relationship is created when a person, known as the client, asks another person, known as an Agent, to act for and on their behalf in a business transaction. In a typical Real Estate transaction, an Agency Relationship is created when a Seller or Buyer asks a REALTOR to be their Agent.

There are two basic types of agency relationships:

  1. Single Agency:
    When an Agent exclusively represents a single client's interests in a transaction, it is known as Single Agency.

  2. Dual Agency:
    In certain circumstances an agent may represent both the Seller and the Buyer in a Real Estate transaction. Because a Dual Agent owes the same fiduciary duties to both clients, it is often difficult to ensure that everyone's best interests are being protected. Because of this, the written informed consent of both the Seller and the Buyer is usually required before an Agent may represent both.

While a complete discussion of agency extends well beyond this short summary, your REALTOR would be happy to answer any questions and provide further details.




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