CONSUMER NOTICE CN
THIS IS NOT A CONTRACT
Pennsylvania Law requires real estate brokers and salespersons
(licensees) to advise consumers who are seeking to sell or purchase
residential or commercial real estate or tenants who are seeking to
lease residential or commercial real estate where the licensee is
working on behalf of the tenant of the business relationships permitted
by the Real Estate Licensing and Registration Act. This notice
must be provided to the consumer at the first contact where a
substantive discussion about real estate occurs unless an oral
disclosure has been previously provided. If the oral disclosure was
provided, this notice must be provided at the first meeting or the first
time a property is shown to the consumer by the broker or salesperson.
Before you disclose any information to a licensee, be advised that
unless you select an agency relationship the licensee is NOT
REPRESENTING YOU. A business relationship of any kind will NOT be
presumed but must be established between the
consumer and the licensee.
Any licensee who provides you with real estate services owes you the
following duties:
- Exercise reasonable professional skill and care which meets the
practice standards required by the Act.
- Deal honestly and in good faith.
- Present, in a reasonably practicable period of time, all offers,
counteroffers, notices, and communications to and from the parties
in writing. The duty to present written offers and counteroffers may
be waived if the waiver is in writing.
- Comply with Real Estate Seller Disclosure Act.
- Account for escrow and deposit funds.
- Disclose all conflicts of interest in a reasonably practicable
period of time.
- Provide assistance with document preparation and advise the
consumer regarding compliance with laws pertaining to real estate
transactions.
- Advise the consumer to seek expert advice on matters about the
transaction that are beyond the licensee's expertise.
- Keep the consumer informed about the transaction and the tasks to
be completed.
- Disclose financial interest in a service, such as financial, title
transfer and preparation services, insurance, construction, repair
or inspection, at the time service is recommended or the first time
the licensee learns that the service will be used.
A licensee may have the following business relationships with the
consumer:
Seller Agency:
Seller agency is a relationship where the licensee, upon entering into a
written agreement, works only for a seller/landlord.
Seller's agents owe the additional duties of:
- Loyalty to the seller/landlord by acting in the
seller's/landlord's best interest.
- Confidentiality, except that a licensee has a duty to
reveal known material defects about the property.
- Making a continuous and good faith effort to find a buyer
for the property, except while the property is subject to an
existing
agreement.
- Disclosure to other parties in the transaction that the licensee
has been engaged as a seller's agent.
A seller's agent may compensate other brokers as subagents if the
seller/landlord agrees in writing. Subagents have the same duties and
obligations as the seller's agent. Seller's agents may also compensate
buyer's agents and transaction licensees who do
not have the same duties and obligations as seller's agents. If you
enter into a written agreement, the licensees in the real estate company
owe you the additional duties identified above under seller agency. The
exception is designated agency. See the designated agency section in
this notice for more information.
Buyer Agency:
Buyer agency is a relationship where the licensee, upon entering into a
written agreement, works only for the buyer/tenant.
Buyer's agents owe the additional duties of:
- Loyalty to the buyer/tenant by acting in the buyer's/tenant's best
interest.
- Confidentiality, except that a licensee is required to disclose
known material defects about the property.
- Making a continuous and good faith effort to find a property for
the buyer/tenant, except while the buyer is subject to an existing
contract.
- Disclosure to other parties in the transaction that the licensee
has been engaged as a buyer's agent.
A buyer's agent may be paid fees, which may include a percentage of the
purchase price, and, even if paid by the seller/landlord, will represent
the interests of the buyer/tenant.
If you enter into a written agreement, the licensees in the real estate
company owe you the additional duties identified above under buyer
agency. The exception is designated agency. See the designated agency
section in this notice for more information.
Dual Agency:
Dual agency is a relationship where the licensee acts as the agent for
both the seller/landlord and the buyer/tenant in the same
transaction with the written consent of all parties. Dual agents owe the
additional duties of:
- Taking no action that is adverse or detrimental to either party's
interest in the transaction.
- Unless otherwise agreed to in writing, making a continuous and
good faith effort to find a buyer for the property and a property
for the buyer, unless either are subject to an existing contract.
- Confidentiality, except that a licensee is required to disclose
known material defects about the property.
Designated Agency:
In designated agency, the employing broker may, with your consent,
designate one or more licensees from the real estate company to
represent you. Other licensees in the company may represent another
party and shall not be provided with any confidential information. The
designated agent(s) shall have the duties as listed above under seller
agency and buyer agency.
In designated agency, the employing broker will be a dual agent and have
the additional duties of:
- Taking reasonable care to protect any confidential information
disclosed to the licensee.
- Taking responsibility to direct and supervise the business
activities of the licensees who represent the seller and buyer while
taking no action that is adverse or detrimental to either party's
interest in the transaction.
The designation may take place at the time that the parties enter into a
written agreement, but may occur at a later time. Regardless of when the
designation takes place, the employing broker is responsible for
ensuring that confidential information is not disclosed.
Transaction Licensee:
A transaction licensee is a broker or salesperson who provides
communication or document preparation services or performs other acts
for which a license is required WITHOUT being the agent or advocate
for either the seller/landlord or the buyer/ tenant. Upon signing a
written agreement or disclosure statement, a transaction licensee has
the additional duty of limited confidentiality in that the following
information may not be disclosed:
- The seller/landlord will accept a price less than the
asking/listing price.
- The buyer/tenant will pay a price greater than the price submitted
in a written offer.
- The seller/landlord or buyer/tenant will agree to financing terms
other than those offered.
Other information deemed confidential by the consumer shall not be
provided to the transaction licensee.
OTHER INFORMATION ABOUT REAL ESTATE TRANSACTIONS
The following are negotiable and shall be addressed in an
agreement/disclosure statement with the licensee:
- The duration of the employment, listing agreement or contract.
- The fees or commissions.
- The scope of the activities or practices.
- The broker's cooperation with other brokers, including the sharing
of fees.
Any sales agreement must contain the zoning classification of a property
except in cases where the property is zoned solely or primarily to
permit single family dwellings.
A Real Estate Recovery Fund exists to reimburse any person who has
obtained a final civil judgment against a Pennsylvania real estate
licensee owing to fraud, misrepresentation, or deceit in a real estate
transaction and who has been unable to collect the judgment after
exhausting all legal and equitable remedies. For complete details about
the Fund, call (717) 783-3658. |