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How many times have you heard a buyer refer to “my Realtor®.”
They were usually unaware of the fact that the Realtor®
probably represented the seller and was not “their Realtor®,”
but the seller’s Realtor®.
As a buyer, what you share with a listing broker is not
confidential,
what you share with us is confidential.
A Buyer Representative has a “fiduciary” responsibility
to their client.
Now, the laws of most states require written “Disclosure
of Real Estate Brokerage Relationships”
upon the first substantive meeting between buyer and broker.
The law of the Virgin Islands does not require any written
disclosure of brokerage relationships.
This is one of the advantages that a "seller's agent"
has over an unrepresented buyer, particularly one who
is not familiar with the market, they need not disclose
that they represent the seller.
At Minkoff & Associates,
L.L.C. “we go beyond ethics,
to honor.”
We are pleased to provide our written “Disclosure of
Real Estate Brokerage Relationships”
on our first substantive meeting, here on the net.
[ click here to download
MS Word file ]
DISCLOSURE OF REAL ESTATE BROKERAGE RELATIONSHIPS
THIS IS A LEGAL DOCUMENT -- READ CAREFULLY
The purpose of this Disclosure is to acknowledge that
the undersigned has been informed of the following brokerage
relationships which may be available in a real estate
transaction. The following descriptions of brokerage
relationships and their respective duties and obligations
are based upon usage in the real estate industry and
are not recited as the law of the Territory of the United
States Virgin Islands.
1. Seller's Agent: An agent who is engaged by
and acts as the agent for the Seller only. Seller may
be liable for the acts of Seller's Agent or any Subagent
is acting in the scope of this agency relationship.
A Seller's Agent or a Subagent of a Seller's Agent has
no obligation to verify the accuracy or completeness
of statements made by any party nor to conduct an independent
investigation of the property or of the Buyer's financial
condition, but shall have the following duties and obligations:
To the Seller:
a. Fiduciary duties of undivided loyalty, fidelity,
confidentiality and full disclosure of all information.
b. The exercise of reasonable skill and care in the
performance of a Seller's Agent's duties.
To Buyer and Seller:
a. To deal honestly, fairly and in good faith.
b. To disclose all facts known to the Seller's Agent
materially affecting the value of the property, which
are known to, or readily observable by, the parties.
Seller's Agent or a Subagent of Seller's Agent shall
not disclose the following information without prior
written consent of Seller: (a) that the Seller is willing
to accept a price less than the asking price; (b) what
the Seller's motivating factors for Selling are; (c)
that the Seller will agree to financing terms other
than those offered; (d) material information about the
Seller, unless disclosure is required by law or the
failure to disclose such information would constitute
fraud or dishonest dealing.
2. Buyer's Agent: An agent who is engaged by
and acts as the agent for the Buyer only. Buyer may
be liable for the acts of the Buyer's Agent or any Subagent
of Buyer's Agent when Buyer's Agent or Subagent is acting
within the scope of this agency relationship. A Buyer's
Agent or Subagent of a Buyer's Agent has no obligation
to verify the accuracy or completeness of statements
made by any party nor conduct an independent investigation
of the property or of the Buyer's financial condition,
but shall have the following duties and obligations:
To The Buyer:
a. Fiduciary duties of undivided loyalty, fidelity,
confidentiality and full disclosure of all material
information.
b. The exercise of reasonable skill and care in the
performance of Buyer's Agent's duties.
To Buyer and Seller:
a. To deal honestly, fairly and in good faith.
b. To disclose all facts known to the Buyer's Agent
materially affecting the value of the property, which
are known to, or readily observable by, the parties.
Buyer's Agent or a Subagent of Buyer's Agent shall
not disclose the following information without prior
written consent of Buyer: (a) that the Buyer is willing
to pay a price greater than the current price being
offered by the Buyer; (b) what the Buyer's motivating
factors for purchasing are; (c) that the Buyer will
agree to financing terms other than those offered; (d)
material information about the Buyer, unless disclosure
is required by law or the failure to disclose such information
would constitute fraud or dishonest dealing.
________/________/________ __________/__________________
CLIENT'S/BUYER'S INITIALS BROKER'S/SALESMAN'S INITIALS
DISCLOSURE OF REAL ESTATE BROKERAGE RELATIONSHIPS,
P. 2/2.
3. Dual Agent: An agent who, with written informed
consent of Seller and Buyer, is engaged as an agent
for both Seller and Buyer. Seller and Buyer may each
be liable for the acts of the Dual Agent when the Dual
Agent is acting within the scope of this agency relationship.
A Dual Agent has the duties and obligations of both
a Seller's Agent and a Buyer's Agent as set forth in
Sections 1 and 2 above. Such duties and obligations
may be in conflict with one another. In fulfilling such
duties, Broker, as a Dual Agent, shall not represent
the interests of one party to the exclusion or detriment
of the interests of the other party. When acting
as a Dual Agent, Broker may be required to disclose
to one party or the other information relative to the
transaction that the Dual Agent gains from the other
party. In this regard, a Dual Agent shall not disclose
the following information without prior written permission
of the affected party; (a) that the Seller is willing
to accept a price less than the asking price; (b) that
the Buyer is willing to pay more than the current price
offered by Buyer; (c) what the motivating factors are
for a party selling or Buying the property; (d) that
a Seller or Buyer will agree to financing terms other
than those offered; or, e) material information about
the Seller or Buyer, unless disclosure is required by
law or the failure to disclose such information would
constitute fraud or dishonest dealing.
4. Other Brokerage Relationships: United State
Virgin Islands law does not specifically authorize nor
prohibit real estate brokers from entering into brokerage
relationships other than those described in Sections
1, 2, 3, above. However, the National Association of
REALTORS®
currently requires an agency relationship to exist between
an owner of real estate and a listing broker as a condition
of offering the owner's property through a multiple
listing service. The duties and obligations of any brokerage
relationship should be fully described in a written
agreement between the broker and the parties who are
to be assisted.
Throughout a real estate transaction, Sellers and
Buyers may receive more than one form relating to real
estate brokerage relationships depending upon the circumstances
and number of Brokers assisting in the transaction.
Sellers and Buyers should read the contents of each
form when it is presented and confirm in writing that
it accurately reflects the brokerage relationship(s)
they may have with Broker(s).
I/We acknowledge that a copy of this Disclosure or
Real Estate Brokerage Relationships was received by
me/us prior to entering into any real estate brokerage
relationship with Minkoff & Associates,
L.L.C..
INITIAL APPLICABLE RELATIONSHIP:
__________ An agent of the Seller; __________
An agent of the Buyer; __________ A dual agent working
for both the Seller and the Buyer, acting with the consent
of both Seller and Buyer and following full disclosure
to the Seller and the Buyer.
____________________________________ _____________________________________
BUYER: DATE BUYER: DATE
ADDRESS: ______________________________________________________________________
PHONE: ________________ FAX: ________________
e-mail: _____________________________
_________________________________________________________________________________
BROKER/Roger B. Minkoff and/or Gloria H. Minkoff DATE
[ click here to download
MS Word file ]
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Minkoff & Associates,
L.L.C.
Suite
1 - Medical Arts Complex
- St. Thomas, VI 00802 - Email:RealAdvisor@USVIREALESTATEBROKER.com
Toll Free: 1-877-VIBUYER - Phone: (340)
774-7827
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