The seller has instructed the listing broker not to present any offers to purchase the home unless the offer is more than $350,000. The buyer’s broker has presented an offer for $320,000, and the listing broker has informed the buyer’s broker that this $320,000 offer will not be presented to the seller. Does the listing broker have to present the $320,000 offer? If not, does the buyer’s broker have the right to see the seller’s written instruction?
The broker is a dual agent in the sale of a home. The seller and buyer have executed the Consent to Limited Representation Agreement. The seller has asked the broker for the phone number and the address of the buyer. Can the broker as a dual agent furnish the buyer’s address and phone number to the seller?
The seller and the listing agent execute a 4% listing agreement. One week later the buyer and the seller execute a purchase contract and open escrow. The seller now demands that the listing agent reduce the listing commission to 3%. The listing agent agrees and an amendment to the listing agreement is executed. The listing agent’s broker, however, does not want to amend the 4% listing commission. Is the listing agent’s broker bound by the listing agent’s agreement with the seller to reduce the 4% commission to 3%?
The seller of the home is an LLC. One of seven members in the LLC is a real estate licensee employed by Brokerage firm “A.” This member of the LLC discloses to all potential buyers his licensing status. The LLC has a listing agreement with an agent employed by Brokerage firm “B.” An offer to buy the home is presented by a buyer’s agent who is employed by Brokerage firm “A.” Is this buyer’s agent a dual agent because a member of the LLC is also employed by Brokerage firm “A?”
A licensed builder constructs a “spec” home, and lists the home with the real estate broker. A buyer represented by the real estate broker signs a contract with the builder to purchase the home, and the real estate broker becomes a dual agent. The transaction closes. One year after the closing the buyer has significant problems with the electricity and the plumbing in the home. The buyer contacts the real estate broker for assistance. Can the real estate broker assist the buyer in resolving the electrical and plumbing problems with the builder?
The buyer’s agent (a female) has shown the buyer (a male) several homes. The buyer makes an offer on a home, but the offer is rejected by the seller with no counter-offer. The listing agent then contacts the buyer’s agent and states that the reason that the buyer’s offer was rejected without a counter-offer, was that the buyer is a registered sex offender. The buyer’s agent now wants to immediately terminate the representation of the buyer. Can this representation of the buyer be immediately terminated?
An agent of the broker owned an apartment building. The agent did not list the apartment building through the broker but acted as a FSBO in the sale of the apartment building. After the sale of the apartment building the buyer discovers significant roof and plumbing problems. The buyer contends that the broker is liable for the agent’s non-disclosure of these roof and plumbing problems. Does the broker have any liability?
The real estate agent represents the home builder in the subdivision. A Buyer signs a disclaimer acknowledging that the real estate agent represents the home builder. During the course of the transaction, however, the real estate agent answers questions for the Buyer, assists the Buyer in preparing the contract, explains the terms of the contract to the Buyer, and provides other helpful information to the Buyer. Is the real estate agent a dual agent representing not only the home builder but also the Buyer?
A broker had a listing agreement with the seller to sell the seller’s home. The broker subsequently represented a buyer and presented the seller with the buyer’s offer, along with a Consent to Limited Representation form (“Consent”). The seller refused to sign the Consent. Did the broker breach her fiduciary duty to the seller by representing the buyer before procuring the Consent?
The purchase contract provides that the buyer has ten days after the physical inspection to notify the seller in writing of any defects. The buyer notified the listing broker of the defects, but could not locate the seller. Does notice to the listing broker constitute notice to the seller?