CONSUMER NOTICE
THIS IS NOT A CONTRACT
Pennsylvania
Law requires real estate brokers and salespersons (licensees) to advise
consumers 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.
Before you disclose any information to a
licensee, be advised that unless you select an agency relationship by signing a
written agreement providing for such a 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 timely manner, 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 timely manner.
·
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/tenant 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.
·
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.
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ACKNOWLEDGMENT
I acknowledge that I have received this disclosure.
Date:___________________________
Consumer (Print): ____________________________________
Consumer (Signed): ___________________________________