hi Christine kept here new agent mentor for realty one group Southwest and today we're going to be going over the disclosure regarding real estate agency relationship we're gonna go over the form in detail and discuss how to explain it to your prospective sellers since there's often a misperception throughout the general public as to what our duties and responsibilities are as real estate agents the public's confusion led California legislators to mandate a disclosure for the real estate industry to use that clarifies what duties real estate agents owe and to which parties they owe them this agency disclosure form CA our form AED also sets the standard for conduct for real estate licensees if you fail to perform your duties that's outlined in this disclosure you could lose your license and be held accountable in a legal claim so it is important to know and follow these duties in accordance with real estate law and properly represent your client the purpose of this video is to train you to use the agency disclosure form one of the fundamental disclosure requirements for California real estate licensees as agents we've represent sellers we represent buyers and there are certain situations where we represent both buyers and sellers known as dual agency no matter who we represent the agency disclosure form helps the public understand what to expect from an agent in various roles it spells out duties that we owe to principals and to others in a transaction as with all forms you ask your clients to sign you must give them a copy and have them sign that they have received it keep a signed original or copy of the agency disclosure form for your files as well the form is required whenever the transaction will be a sale exchange or lease of more than one year on one to four residential units or a mobile home so now let's look at the form in more detail the agency disclosure is only one double-sided page the front of the form must be completed and signed by you and your clients the reverse side contains portions of the actual California Civil Code which mandates the use of the form this legalese is printed in dark grey ink on the backside of the form and must be furnished to your clients but does not need to be completed so on the top of page one you only check the box if the transaction is in connection with Elysee so if your client is purchasing a property you will not check the box the agency disclosure form begins by stating when you enter into a discussion with a real estate agent regarding a real estate transaction you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction when the form state from the outset it means the beginning the start or the inception when you first determine that you may be able to help a buyer or seller with their real estate needs that's a good time to begin explaining what you can and cannot do for them take out the form go over it and talk over the duties you owe them as their agent you may choose to bring the agency disclosure form out much later when the buyers are ready to make an offer or the sellers are ready to sign a listing agreement and that's fine as long as you have them sign the form prior to their signing anything else you have followed the law however why wait potential clients may appreciate that you are ready to discuss what you legally can and cannot do for them they may like knowing this in advance and the agency disclosure form doesn't commit you to work as the principles agent nor does it commit the principle to work with you rather it simply explains how you might work for them you and your client choose what type of representation you want and confirm it after having been given a chance to consider the options those options are spelled out on the form your duties depend on who you ultimately represent whether the buyer the seller or both now speaking of representation the agency disclosure form sets the following three types of agency relationships the sellers agent if the firm has the listing buyer's agent if the buyer is making an offer on another firms listing or dual agent if the buyer is represented by the same firm that has a listing for the seller no matter who you represent you must do certain things in order to fulfill your agency responsibilities as outlined in the separate sections of the agency disclosure form these obligations are affirmative meaning that they require an application of effort on your part you must do them even if the principals don't ask you to do them when you represent either sellers or buyers you owe them a fiduciary duty of utmost care integrity honesty and loyalty in all your dealings with them as someone's fiduciary you have been entrusted at the highest level of legal responsibility for his or her benefit in addition to your fiduciary obligation to your client you have other obligations which you will provide to both parties in the transaction these include three specific category number 1 diligent exercise of reasonable skill and care number 2 honest and fair dealings and good faith number 3 you have a duty to disclose all facts that are known to you which materially affect the value or desirability of the property that are not known to or within the diligent attention and observation of the parties this is the part that may cause the most legal problem for agents what constitutes a fact as opposed to hearsay or likelihood what defines material as opposed to inconsequential what is observable and can't the principle notice it for themselves these are great questions and the best answer is always if you are in doubt disclose disclose disclose unless otherwise prohibited by law the agency disclosure form spells out one limitation to your duty regarding disclosure although you must disclose any material facts which affect the value or desirability of the property you are not required to reveal to either party any confidential information that does not involve the agent's affirmative duties described above moving on to the next section make sure your client understands the section entitled agent representing both seller and buyer as you may find your firm handling both ends of the transaction this is called dual agency and it is legal if both parties give their informed consent that means they've realized that Realty one group is handling both sides of the transaction and they agree to it before you begin to represent both principles undisclosed dual agency is a serious violation both agency law and Bieri regulations penalties can include lawsuit loss of your license and full refund of real estate commission even if the parties don't go ahead with the transaction if you're heading for dual agency get both of your principles and form consent in writing to protect yourself and them what if the seller or buyer does not want your firm to represent the other side in the transaction now would be a good time to find out any desire by a principle to avoid dual agency will restrict your marketing and sales efforts because showing company listings to a buyer may result in dual agency the agency disclosure form allows you to discuss these potential situations in advance together you and your principal can decide the best course of action so it never becomes a problem just keep in mind that because dual agency refers to the company as well as the individual licensee you will still be in a dual agency situation if you had a listing and another agent in our office brought in an offer that's why it's such a good idea to at least discuss the possibility that there could be dual agency at the time you go over the agency disclosure form with your clients if realty one group is the listing and selling firm you must pay attention to this restriction when negotiating prices this is dual agency don't indicate to a seller that the buyer might be willing to up the offer if countered don't tell a buyer that the seller could lower the price it may be tempting when you or a fellow agent brings in an offer to do whatever you can to make the deal happen because you are both dual agents you're not allowed to disclose these matters without their permission of the respective party there's a paragraph in the agency disclosure form which cautions the principles that they cannot rely completely upon the agents to protect their own interests next the form spells out that agents are qualified to advise about real estate but not tax or legal matters and advises them to consult competent professionals for such information at the bottom of page one above the signature block the form explains to a principle that the law requires each agent with whom they have more than a casual relationship with two sent them with this disclosure form this means that if the buyer is working with another agent that other agents should also have given the buyer an agency disclosure form now their reaction to you asking them to sign this form may help you to discover if the buyer is working with other agents if the buyer hesitates find out why by asking questions are there other agents helping these buyers are these buyers loyal to you if buyers are asking for your help time your effort and expertise ask for their loyalty in return now it is also possible that the buyer is working with other agents who have not presented the buyer with an agency disclosure form yet this is an opportunity for you to demonstrate how thorough and professional you are show them the form go over it and answer their questions elaborate on what duties you owe them explain that you want them to be fully informed and to have every disclosure form to which they're entitled ask if the other agents explain the duties owed to the buyers and gave them this form if not it makes you look like you're the right agent for them buyers usually ask if the agency disclosure form is a contract that commits them to work with you although it isn't a binding contract it will hopefully indicate that they are willing to work with you point out that California law requires that agents give the agency disclosure form to potential clients so clients know what real estate agents must do for them how do you know this it says so at the very top as required by civil code when obtaining signatures on the agency form we may handle this in one of two ways the first option is to generate three agency forms in the transaction one sign by listing agent and seller the second sign by buyer's agent and buyer and the third by buyer's agent and seller an agency form signed by the buyer's agent and seller does not create an agency relationship between the buyer's agent a seller but is rather for informational purposes the second option is that agents will still prepare the first and second agency forms stated in option 1 however instead of having a third form sign between buyer's agent and seller the buyer's agent may now deliver the seller the same form signed by the buyer's agent and buyer the seller may sign acknowledgement of receipt of that form on the signature line in the explanation box no 3rd agency form is needed so in conclusion of this review I want to point out that the agency disclosure form is simply that a disclosure not a contract signing it does not create an agency relationship nor obligate your clients to use you or your firm your client or prospective client signs and dates at the bottom merely to indicate that they have received the form you sign and date it to indicate that you gave it to them from a practical perspective having your prospective clients sign the agency form indicates a possible willingness to have your help if they don't want to sign this disclosure perhaps they don't want you to work for them and you should move on to those that do you are now familiar with the contents of the agency disclosure form and know when to use it and how to use it this understanding should enable you to handle the agency disclosure process in a professional manner and even to use the form as an effective marketing tool in your real estate practice I hope this videos helped you if you have any questions comments or concerns please feel free to email me or give me a call and thanks so much for listening you