Form 160 - Working With Real Estate Agents Page 3

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Some firms also offer a form of dual agency called “designated agency” where one agent in the firm
represents the seller and another agent represents the buyer. This option (when available) may allow each
“designated agent” to more fully represent each party.
If you choose the “dual agency” option, remember that since a dual agent's loyalty is divided between
• •
parties with competing interests, it is especially important that you have a clear understanding of
what your
• •
relationship is with the dual agent a n d
what the agent will be doing for you in the transaction. This can best be
accomplished by putting the agreement in writing at the earliest possible time.
Seller's Agent Working With a Buyer
If the real estate agent or firm that you contact does not offer buyer agency or you do not want them to
act as your buyer agent, you can still work with the firm and its agents. However, they will be acting as the
seller's agent (or “subagent”). The agent can still help you find and purchase property and provide many of the
same services as a buyer's agent. The agent must be fair with you and provide you with any “material facts”
(such as a leaky roof) about properties.
But remember, the agent represents the seller - not you - and therefore must try to obtain for the seller
the best possible price and terms for the seller's property. Furthermore, a seller's agent is required to give the
seller any information about you (even personal, financial or confidential information) that would help the seller
in the sale of his or her property. Agents must tell you in writing if they are sellers' agents before you say
anything that can help the seller. But until you are sure that an agent is not a seller's agent, you should
avoid saying anything you do not want a seller to know.
Sellers' agents are compensated by the sellers.
FOR BUYER/SELLER
This is not a contract
Date
Firm Name
Agent Name
License Number
Disclosure of Seller Subagency
(Complete, if applicable)
When showing you property and assisting you in the purchase of a property, the above agent and firm will
represent the SELLER. For more information, see “Seller's Agent Working with a Buyer” in the brochure.
______________
Agent's Initials Acknowledging Disclosure:
The North Carolina Real Estate Commission
P.O. Box 17100 Raleigh, North Carolina 27619-7100
919/875-3700 Web Site:
REC 3.45 1/1/09
Page 3 of 4
FORM 160
NC REC 1/1/2009

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