AREAA National
Listen to industry leaders Rick Sharga, CMO of Ten-X, and Mike Reagan, SVP of RE/MAX Commercial, discuss the current and future state of the commercial real estate market and hottest investment markets. Learn about how developments in the public and private sectors are changing the industry and how you can stay ahead of the curve.
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When buying a commercial real estate property, the brokerage agreement is between the buyer or seller and the broker. The broker is an agent of the buyer or seller and, as an agent, has fiduciary duties to the client. Sometimes the broker could act as a dual agent, which creates potential conflicts of interest. Real estate counsel can serve to ensure the broker will represent a client's interest in a transaction by crafting a detailed agreement that meets those needs.
Most states recognize that real estate brokers occupy a position of trust through a fiduciary relationship with the parties they represent. A fiduciary relationship brings with it requirements of fidelity and good faith. These issues are often raised in claims that an agent has acted as a real estate broker and a buyer (or seller) of a property. It is a potentially dangerous position for an agent to occupy.
The benefit of the brokerage agreement is clear communication between the buyer (or seller) and the broker. It is an excellent opportunity to discuss who will perform what tasks. At a minimum, the best agreements shall establish: (1) the timing for completing tasks, (2) when and how the broker is paid, (3) how to handle broker expenses, and (4) when the broker's representation ends.
The broker agreement should limit liability and include indemnification language that protects the broker from the client's acts and ensures that clients are not held responsible for the broker's act. Because this is an agency relationship, the client must communicate to the broker what representations or statements the broker can make on behalf of the buyer or seller. If a dual agent situation cannot be avoided, the issues of potential conflicts of interest should be addressed in the agreement.
Listen as our expert panel discusses what constitutes an enforceable broker agreement, clarifies provisions to establish clear fiduciary duties, and outlines how to avoid conflicts of interest while limiting potential liability for the acts of others.
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From the rise of electric vehicles to the proliferation of the "work from home" movement, homeowners today demand more from their living spaces than ever before. Homeowners, builders, and remodelers, increasingly are relying on smart and connected devices and novel automation systems to help manage and control energy consumption, energy sources, network connectivity, air quality monitoring, lighting, appliances, entertainment systems, and heating, cooling, and ventilation.
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RISMedia Support
In this next edition of the RISMedia Agent Webinar Series, sponsored by Homes.com and Quicken Loans, moderator Verl Workman talks tech with real estate pros Rob Levy and Rob Zwemmer and Mark Millar, VP of REALTOR® Relations for Quicken Loans, and Joe Sesso, national speaker and regional director for Homes.com. We'll cover the money-making methods these tech-savvy leaders use to drive success, including adopting tools that take the guesswork out of lead generation, producing eye-catching visuals with Instagram, optimizing your website for mobile users, augmenting your brand with live Periscope videos, and more!
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