As a prospective buyer you should know that, generally, both the listing broker and the selling broker represent the seller. Their agency relationship is established in the listing agreement, and MLS offer of sub-agency. Their fiduciary duties are owed to the sellers. This means that the agent(s) must act in the best interest of the seller client. The components of the fiduciary duty are:

• Undivided loyalty
• Obedience
• Confidentiality
• Full disclosure
• A duty to account
• Reasonable care

This does not mean that buyers are treated unfairly or dishonestly. All brokers representing a seller (client) in a transaction are obligated by law to treat buyers (customers) honestly and fairly and must promptly present all written offers to the seller. While brokers are generally the agent of the seller (client) they are able to provide valuable market information and services to assist buyers (customers) during the decision making and buying process.

A real estate-broker who is representing a seller, but working with a buyer (customer) must by law:

• Deal honestly and in good faith with the customer
• Disclose all pertinent and known facts about the property
• Exercise reasonable care in the performance of their duties

In addition a broker can offer the following services to a buyer customer:

• provide important information about available properties and sources
• of financing.
• Show available properties and describe their attributes and amenities.
• Assist in writing and presenting offers to purchase.

The Gardner Team
1-541-389-7369
1-800-464-2363
Fax: 541-317-0513
Linda Gardner, Real Estate Principal Broker,
CRS, ABR, GRI

Tom Gardner, Real Estate Principal Broker,
CRS, ABR, GRI
Doctorate of Jurisprudence
E-Mail: gardnerteam@bendcable.com