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Fiduciary duty requires real estate agents to act in the best interest of their client. This includes giving honest advice, protecting confidential information and making decisions that benefit the client financially. If an agent fails to do this, they could face legal or financial penalties. A financial advisor can provide additional insight and safeguards to complement your real estate agent's fiduciary duties.
What Is Fiduciary Responsibility?
Fiduciary responsibility is a legal and ethical obligation that requires an individual or entity to act in the best interests of another party. This duty is often associated with financial advisors, attorneys and trustees, but it also applies to real estate agents and brokers who represent buyers and sellers in property transactions.
A fiduciary is expected to act with loyalty, honesty and good faith while prioritizing the interests of their client above their own. This means avoiding conflicts of interest, maintaining transparency and providing clients with accurate and unbiased information. If a fiduciary fails to fulfill these duties, they may be held legally responsible for any resulting harm or financial loss.
In real estate, a fiduciary responsibility is established when a buyer or seller signs an agreement with a real estate agent or broker. This agreement forms a legal relationship where the agent is obligated to provide professional guidance and protect their client's interests throughout the transaction process. Failing to uphold fiduciary responsibilities could result in lawsuits, disciplinary actions and reputational damage within the industry.
Fiduciary Responsibility in Real Estate
Real estate agents and brokers are required to uphold fiduciary responsibility when representing buyers or sellers. This means acting with integrity and prioritizing the financial interests of their clients over personal or external influences. Below are six general ways in which a real estate agent or broker must adhere to their fiduciary responsibility while working with you:
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Loyalty to the client. A real estate agent must always act in their client's best interest, even if doing so conflicts with their personal financial gain. This means negotiating the best price and terms for the client rather than seeking a higher commission.
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Full disclosure. Agents must disclose any relevant information that could affect a client's decision, such as known property defects, competing offers or zoning restrictions. Failure to provide full transparency could be considered a breach of fiduciary responsibility.
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Confidentiality. An agent must keep sensitive client information private, even after the transaction has concluded. This includes details such as financial standing, motivation for buying or selling, and personal negotiations that could affect the deal.
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Obedience to lawful instructions. The agent must follow all lawful instructions given by the client, provided they do not violate any laws or ethical standards. For example, if a seller asks their agent to reject offers below a certain price, the agent must comply.
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Reasonable care and diligence. A real estate professional is expected to provide competent and informed guidance throughout the transaction. This includes keeping up with market trends, maintaining proper documentation and advising clients on risks and benefits.
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Accounting for funds. Agents must keep accurate records of all financial transactions, including earnest money deposits and expenses related to the property sale. Any mishandling of funds could lead to legal consequences.