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4.BROKERAGE SERVICES AND DUTIES. Brokerage Firm, acting through Broker, shall provide brokerage services to
54.Seller. The Broker, acting as either a Transaction-Broker or a Seller's Agent, shall perform the following Uniform Duties when
55.working with Seller:
56.a.Broker shall exercise reasonable skill and care for Seller, including, but not limited to the following:
57.(1) Performing the terms of any written or oral agreement with Seller;
58.(2) Presenting all offers to and from Seller in a timely manner regardless of whether the Property is subject to a contract
59.for Sale;
60.(3) Disclosing to Seller adverse material facts actually known by Broker;
61.(4) Advising Seller regarding the transaction and to obtain expert advice as to material matters about which Broker
62.knows but the specifics of which are beyond the expertise of Broker;
63.(5) Accounting in a timely manner for all money and property received; and
64.(6) Keeping Seller fully informed regarding the transaction.
65.b. Broker shall not disclose the following information without the informed consent of Seller:
66.(1) That Seller is willing to accept less than the asking price for the Property;
67.(2) What the motivating factors are for Seller to sell the Property;
68.(3) That Seller will agree to financing terms other than those offered;
69.(4) Any material information about Seller unless disclosure is required by law or failure to disclose such information
70.would constitute fraud or dishonest dealing; or
71.(5) Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property.
72.c. Seller consents to Broker's disclosure of Seller's confidential information to the supervising broker or designee for the
73.purpose of proper supervision, provided such supervising broker or designee shall not further disclose such information
74.without consent of Seller, or use such information to the detriment of Seller.
75.d. Brokerage Firm may have agreements with other sellers to market and sell their property. Broker may show alternative
76.properties not owned by Seller to other prospective buyers and list competing properties for sale.
77.e. Broker shall not be obligated to seek additional offers to purchase the Property while the Property is subject to a
78.contract for Sale.
79.f. Broker has no duty to conduct an independent inspection of the Property for the benefit of a buyer and has no duty to
80.independently verify the accuracy or completeness of statements made by Seller or independent inspectors. Broker has no
81.duty to conduct an independent investigation of a buyer's financial condition or to verify the accuracy or completeness of any
82.statement made by a buyer.
83.g. Seller shall not be liable for the acts of Broker unless such acts are approved, directed or ratified by Seller.
84.5.ADDITIONAL DUTIES OF SELLER'S AGENT. If the Seller Agency box at the top of Page 1 is checked, Broker is a
85.limited agent of Seller (Seller's Agent), with the following additional duties:
86.
87.a.Promoting the interests of Seller with the utmost good faith, loyalty and fidelity.
88.
89.b.Seeking a price and terms that are acceptable to Seller.
90.
91.c.Counseling Seller as to any material benefits or risks of a transaction that are actually known by Broker.
92.
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The Greatest Manifestation Principle in the World by Camelian Sage
Copyright (c) 2007 Think-Outside-the-Book Publishing. Inc.
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