A:
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I. Buyer's Broker: A broker other than the Seller's broker can agree with the Buyer to act as the broker for the Buyer. In these
situations, the Buyer's broker is not representing the Seller, even if the Buyer's broker is receiving compensation for services
rendered, either in full or in part, from the Seller or through the Seller's broker:
a) A Buyer's broker has the fiduciary duties of loyalty, obedience, disclosure, confidentiality, and accounting in dealings with the Buyer.
b) Other potential Buyers represented by broker may consider, make offers on, or acquire an interest in the same or similar properties
as Buyer is seeking.
II. Seller's Broker: A broker under a listing agreement with the Seller acts as the broker for the Seller only:
a) A Seller's broker has the fiduciary duties of loyalty, obedience, disclosure, confidentiality, and accounting in dealings with the Seller.
b) Other potential Sellers represented by broker may list properties that are similar to the property that Seller is selling.
III. Broker Representing both Seller and Buyer (Limited Representation): A broker, either acting directly or through one or more
licensees within the same brokerage firm, can legally represent both the Seller and the Buyer in a transaction, but only with the
knowledge and informed consent of both the Seller and the Buyer. In these situations, the Broker, acting through its licensee(s),
represents both the Buyer and the Seller, with limitations of the duties owed to the Buyer and the Seller:
a) The broker will not, without written authorization, disclose to the other party that the Seller will accept a price or terms other
than stated in the listing or that the Buyer will accept a price or terms other than offered.
b) There will be conflicts in the duties of loyalty, obedience, disclosure and confidentiality. Disclosure of confidential information
may be made only with written authorization.
IV. A Realtors® customer has no representation as stated above. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, Realtors® remain obligated to treat all parties honestly.
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