Joe Spake
Memphis Real Estate

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Joe Spake
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(901) 274-1847
Toll Free(877) 298-2303
Fax       (866) 346-9510
Office (901) 725-7766

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Direct   
(901) 274-1847
Toll Free(877) 298-2303
Fax       (866) 346-9510
Office (901) 725-7766
Email Joe

Text Joe via Email
       or
Text to: (901)870-3440

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AGENCY - Who represents whom in the Real Estate transaction?

 

EXPLANATION OF AGENCY TERMS

Transaction Broker, Also Known as Facilitator (Not an Agent for Either Party):

Licensee’s firm is not working as an agent for either party in this transaction; therefore, this firm is neutral and cannot serve as advocate for either party in the transaction. (By law, any firm which has not entered into a written agency agreement with either party in the transaction is considered a transaction broker, until such time as an agency agreement is established.)

Agent or Subagent for Seller:

Licensee’s firm is working as an agent for Seller and owes a duty of loyalty to Seller. Even if Licensee is working with a prospective Buyer to locate property for sale, rent, or lease, it is legally bound to work in the best interests of any Sellers whose properties are shown to this prospective Buyer. An agency relationship of this type cannot, by law, be established without a written seller/landlord agency agreement.

Agent for Buyer:

Licensee’s firm is working as an agent for the prospective Buyer, owes primary loyalty to Buyer, and will work as an advocate for the best interests of Buyer. An agency relationship of this type cannot, by law, be established without a written buyer/tenant agency agreement.

Disclosed Dual Agent (Agent for Both Parties):

Licensee’s firm has become a disclosed agent for both parties in this transaction. Because of loyal-ties owed to both parties in the transaction, Licensee(s) involved in a disclosed dual agency relationship cannot legally serve as advocate(s) for either party, to the detriment of the other party in the transaction.

Designated Agent for Seller:

The individual Licensee is working as an agent for Seller in this transaction, to the exclusion of all other Licensees in his/her firm. Even if someone else in Licensee’s firm represents a possible Buyer for this Seller’s property, the designated agent for Seller will continue to work as an advocate for the best interests of Seller. An agency relationship of this type cannot, by law, be established without a written agency agreement.

Designated Agent for Buyer:

The individual Licensee is working as an agent for Buyer in this transaction, to the exclusion of all other Licensees in his/her firm. Even if someone else in Licensee’s firm represents a Seller in whose property this Buyer is interested, the designated agent for Buyer will continue to work as an advocate for the best interests of Buyer. An agency relationship of this type cannot, by law, be established without a written agency agreement.

 

 


Joe Spake is a Tennessee licensed Real Estate Broker - Lic.# 00259388
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