| Pamela K. Johnson Nicholas L. Johnson Sr. ![]() Maryland Office 240-629-3700 Pennsylvania Office 717-338-3406 Cellular Nick 717-226-4905 Pam 717-226-4907 |
Nicholas L. Johnson Sr. and Pamela K. Johnson Licensed Maryland & Pennsylvania Realtors Associated with long&foster realt Estate Inc Gettysburg, Pennsylvania - - - - - Frederick, Maryland
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Understanding Whom Real Estate Agents Represent
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Understanding Whom Real Estate Agents Represent
Agreement to the terms and conditions of this Notice is required if you
are conducting business in the State of Maryland. Prior to signing a hard
copy version with your broker and/or if you are conducting business in
any other state, you should read and understand the terms and conditions
of this Notice.
Before you decide to sell or buy or rent a home you need to consider the
following information:
Agents Who Represent the Seller
Seller's Agent: A seller's agent works for the real estate company that lists and markets
the property for the sellers, or landlords, and exclusively represents
the sellers or landlords. That means that he or she may assist the buyer
or tenant in purchasing or renting the property, but his or her duty of
loyalty is only to the sellers or landlords. The seller pays the seller's
agent's fees as specified in a written listing agreement.
Cooperating Agent: A cooperating agent works for a real estate company different from the
company for which the seller's agent works. The cooperating agent can assist
a buyer or tenant in purchasing or renting a properly, but his or her duty
of loyalty is only to the sellers or landlords. The cooperating agent's
fee is paid by the sellers or landlords through the sellers agent's company.
Agents Who Represent the Buyer
Presumed Buyer's Agent (no written agreement): When a person goes to a real estate agent for assistance in finding a
home to buy or rent, the agent is presumed to be representing the buyer
and can show the buyer properties that are not listed by the agent's real
estate company. A presumed buyer's agent may not make or prepare an offer
or negotiate a sale for the buyer. The buyer does not have an obligation
to pay anything to the presumed agent.
If for any reason the buyer does not want the agent to represent him or
her as a presumed agent, either initially or at any time, the buyer can
decline or terminate a presumed agency relationship simply by saying so.
Buyers Agent (by written agreement): A buyer or tenant may enter into a written contract with a real estate
agent that provides that the agent will represent the buyer or tenant in
locating a property to buy or rent. The agent is then known as the buyer's
agent. That agent assists the buyer in evaluating properties and preparing
offers, and negotiates in the best interests of the buyer or tenant. The
agent's fee is paid according to the written agreement between the agent
and the buyer or tenant. If you as a buyer or tenant wish to have an agent
represent you exclusively, you must enter into a written buyer agency agreement.
Dual Agents: The possibility of dual agency arises when the buyers agent and the seller's
agent both work for the same real estate company, and the buyer is interested
in properly listed by that company. The real estate company, or broker,
is called the "dual agent". Dual agents do not act exclusively
in the interests of either the seller or buyer, or landlord or tenant,
and therefore cannot give undivided loyalty to either party. There may
be a conflict of interest because the interests of the seller and buyer
may be different or adverse.
If both seller and buyer, or landlord and tenant, agree to dual agency
by signing a Consent For Dual Agency form, then the real estate company
(the "dual agent") will assign one agent to represent the seller
or landlord (the sellers "intra-company agent") and another agent
to represent the buyer or tenant (the buyers "intra-company agent").
Intra-company agents may provide the same services to their clients as
exclusive seller's or buyers agents, including advising their clients as
to price and negotiation strategy, provided the clients have both consented
to be represented by dual agency.
If either party does not agree to dual agency, the real estate company
may withdraw the agency agreement for that particular property with either
the buyer or seller, or both. If the seller's agreement is terminated,
the seller must then either represent himself or herself or arrange to
be represented by an agent from another real estate company. If the buyer's
agreement is terminated, the buyer or tenant may choose to enter into a
written buyer agency agreement with an agent from a different company.
Alternatively, the buyer or tenant may choose not to be represented by
an agent of his or her own but simply to receive assistance from the seller's
agent, from another agent in that company, or from a cooperating agent
from another company.
No matter what type of agent you choose to work with, you have the following
rights and responsibilities in selling or buying or renting property:
· Real estate agents are obligated by law to treat all parties to a real
estate transaction honestly and fairly. They must exercise reasonable care
and diligence and maintain the confidentiality of clients. They must not
discriminate in the offering of properties; they must promptly present
each written offer or counteroffer to the other party; and they must answer
questions truthfully.
· Real estate agents must disclose all material facts that they know or
should know relating to a property. An agent's duty to maintain confidentiality
does not apply to the disclosure of material facts about a property.
· All agreements with real estate agents should be in writing and should
explain the duties and obligations at the agent. The agreement should explain
how the agent will be paid and any fee sharing agreements with other agents.
· You have the responsibility to protect your own interests. You should
carefully read all agreements to make sure they accurately reflect your
understanding. A real estate agent is qualified to advise you on real estate
matters only. If you need legal or tax advice, it is your responsibility
to consult a licensed attorney or accountant.
If you have any complaints about a real estate agent, you may file such
complaints with the appropriate Real Estate Commission:
Maryland Real Estate Commission
500 North Calvert St.
Baltimore, MD 21202
Agency and Disclosure - How Agents Represent Sellers and Buyers
Fair Housing Information
Agency Disclosure - PA Consumer Notice
Pennsylvania State Real Estate Commission
P.O. Box 2649
Harrisburg, PA 17105-2649
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of Realtors,
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of Realtors - MLS MRIS - Metropolitan Regional Information Systems
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Long & Foster Real Estate Incorporated Nicholas L. Johnson Sr. & Pamela K. Johnson - Nick Johnson Group Frederick Office 1700 Kingfisher Drive Suite 6 Frederick, Maryland 21701 MD Broker 240-626-3700 Our MD Direct Line 240-626-3700 Gettysburg Office 430 Baltimore Street Gettysburg, Pennsylvania 17325 PA Broker 717-338-3406 Our PA Direct Line 717-338-3406 Pamela Johnson - Cellular (717)226-4907 Nicholas Johnson - Cellular (717)226-4905 |
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