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Old 02-27-2015, 02:38 PM
 
Location: Colorado Springs
89 posts, read 143,507 times
Reputation: 163

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I plan to make a house-hunting trip to Denver in a couple of weeks. A realtor with whom I've been working sent me something called a "Right to Buy" listing contract, with an e-signature.

In my current state, I am not sure we have these contracts. I've never used one, but it has been 20 years since I have purchased a house.

Can someone pretend that I am a dummy and explain to me what these are all about, in layman's terms? AFAIK, she is representing the seller, and I don't intend for her to act as buyer agent, if that makes any difference. However, the box "Buyer Agency" is checked.

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Old 02-27-2015, 02:49 PM
 
Location: Just south of Denver since 1989
11,826 posts, read 34,436,540 times
Reputation: 8971
No sub agency in Colorado. Either she is your broker or she is neutral. You pick.

For purposes of this document, seller also means “landlord” (which includes sublandlord) and buyer also means “tenant”
(which includes subtenant).
Seller’s Agent: A seller’s agent (or listing agent) works solely on behalf of the seller to promote the interests of the seller
with the utmost good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the seller.
The seller’s agent must disclose to potential buyers all adverse material facts actually known by the seller’s agent about the property.
A separate written listing agreement is required which sets forth the duties and obligations of the broker and the seller.

Buyer’s Agent: A buyer’s agent works solely on behalf of the buyer to promote the interests of the buyer with the utmost
good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the buyer. The buyer’s agent must
disclose to potential sellers all adverse material facts actually known by the buyer’s agent including the buyer’s financial
ability to perform the terms of the transaction and, if a residential property, whether the buyer intends to occupy the property.
A separate written buyer agency agreement is required which sets forth the duties and obligations of the broker and the buyer.

Transaction-Broker: A transaction-broker assists the buyer or seller or both throughout a real estate transaction by
performing terms of any written or oral agreement, fully informing the parties, presenting all offers and assisting the parties with any contracts, including the closing of the transaction without being an agent or advocate for any of the parties. A transaction-broker must use reasonable skill and care in the performance of any oral or written agreement, and must make the same disclosures as agents about all adverse material facts actually known by the transaction-broker concerning a property or a buyer’s financial ability to perform the terms of a transaction and, if a residential property, whether the buyer intends to occupy the property. No written agreement is required.

Customer: A customer is a party to a real estate transaction with whom the broker has no brokerage relationship because
such party has not engaged or employed the broker, either as the party’s agent or as the party’s transaction-broker.
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Old 02-27-2015, 04:04 PM
 
14,917 posts, read 13,099,924 times
Reputation: 4828
Quote:
Originally Posted by 2bindenver View Post
No sub agency in Colorado. Either she is your broker or she is neutral. You pick.
Neutral?
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Old 02-27-2015, 10:45 PM
 
Location: Just south of Denver since 1989
11,826 posts, read 34,436,540 times
Reputation: 8971
Think scribe. A transaction broker does not advise. A TB follows the contract. A Buyer's Agent advises the good and bad, promotes the interest of the client above all else.

Should a TB be used by someone who does not know the area, the local market, the local customs, or how to write an offer to a Seller?
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