SERVICE DISCLOSURE
Alabama
law requires you, the consumer, to be informed about the types of services which
real estate licensees may perform. The purpose of this disclosure is to give you
a summary of these services.
A
SINGLE AGENT
is a licensee who represents only one party in a sale. That is, a single agent
represents his or her client. The client may be either the seller or the buyer.
A single agent must be completely loyal and faithful to the client.
A
SUB-AGENT
is another agent/licensee who also represents only one party in a sale. A
sub-agent helps the agent represent the same client. The client may be either
the seller or the buyer. A sub-agent must also be completely loyal and faithful
to the client.
A
LIMITED CONSENSUAL DUAL AGENT is a licensee for both the buyer and the seller. This may
only be done with the written, informed consent of all parties. This type of
agent must also be loyal and faithful to the client, except where the duties
owed to the clients conflict with one another.
A
TRANSACTION BROKER
is a licensee who assists one or more parties in a contemplated real estate
transaction without being an agent or fiduciary or advocate for the interest of
that party to a transaction.
Alabama
law imposes the following obligations on all real estate licensees to all
parties, no matter their relationship:
1.To provide services honestly
and in good faith;
2.To exercise reasonable care
and skill;
3.To keep confidential any
information gained in confidence, unless disclosure is required by law or duty
to a client, the information becomes public knowledge, or disclosure is
authorized in writing;
4.Present all written offers
promptly to the seller;
5.Answer your questions
completely and accurately
Further, even if you are
working with a licensee who is not your agent, there are many things that the
licensee may do to assist you, the customer. Some examples are:
1.Provide information about
properties;
2.Show properties;
3.Assist in making a written
offer;
4.Provide information on
financing.
You should choose which type
of service you want from a licensee and sign a brokerage service agreement. If
you do not sign an agreement, by law the licensee working with you is a
transaction broker.
The licensee's broker is
required by law to have on file an office policy describing the company's
brokerage services. You should feel free to ask any questions you have.
The Alabama Real Estate
Commission requires the real estate licensee to sign, date, and provide you a
copy of this form. Your signature is not required by law or rule, but
would be appreciated.
Note:
If you would like further information about agency in Alabama, please download
the PDF version of the Alabama Real Estate Commission's booklet
Alabama
Real Estate Consumer Guide to Buying and Selling a Home