We are pleased you have selected Sarver
Realty to help you with your real estate needs.
Whether you are selling, buying or leasing real estate
Sarver Realty can provide you with expertise and assistance.
Because this may be the largest financial transaction you
will enter into, it is important to understand the role of the
agents and brokers with whom you are working.
Below is some information that explains the various
services agents can offer and their options for working with
Most sellers of real estate choose to list their home
for sale with a real estate brokerage.
When they do so, they sign a listing agreement that
authorizes the brokerage and the listing agent to represent
their interests. As
the seller’s agent, the brokerage and listing agent must:
follow the seller’s lawful instructions, be loyal to the
seller, promote the seller’s best interests, disclose material
facts to the seller, maintain confidential information, act with
reasonable skill and care and, account for any money they handle
in the transaction. In
rare circumstances a listing broker may offer “subagency” to
other brokerages which would also represent the seller’s
interests and owe the seller these same duties.
purchasing real estate, buyers usually choose to work with a
real estate agent as well. Often
the buyers want to be represented in the transaction.
This is referred to as buyer’s agency.
A brokerage and agent that agree to represent a buyer’s
interest in a transaction must: follow the buyer’s lawful
instructions, be loyal to the buyer, promote the buyer’s best
interests, disclose material facts to the buyer, maintain
confidential information and, account for any money they handle
in the transaction.
Occasionally the same agent and brokerage who
represents the seller also represents the buyer.
This is referred to as dual agency.
When a brokerage and its agents become “dual agents”,
they must maintain a neutral position in the transaction.
They may not advocate the position of one client over the
best interests of the other client, or disclose any confidential
information to the other party without written consent.
Both the Buyer & Seller
the buyer and seller will each be represented by two different
agents from the same brokerage.
In this case the agents may each represent the best
interest of their respective clients.
Or, depending on company policy, the agents may both act
as dual agents and remain neutral in the transaction.
When either of the above occurs, the brokerage will be
considered a dual agent. As
a dual agent the brokerage and its managers will maintain a
neutral position and cannot advocate for the position of one
client over another. The
brokerage will also protect the confidentiality of all parties.
For more information on agency law in
you can also contact the Ohio Division of Real Estate &
Professional Licensing at (614) 466-4100, or on their website www.com.state.oh.us.
With Sarver Realty
Sarver Realty does offer representation
to both buyers and sellers.
Therefore the potential exists for one agent to represent
a buyer who wishes to purchase property listed with another
agent in our company. If
this occurs each agent will represent their own client, but
Sarver Realty and its managers will act as a dual agent.
This means the brokerage and its
managers will maintain a neutral position and not take any
actions that will favor one side over the other. Sarver Realty
will still supervise both agents to assure that their respective
clients are being fully represented and will protect the
parties’ confidential information.
In the event that both the buyer and seller are
represented by the same agent, that agent and Sarver Realty will
act as a dual agent but only if both parties agree.
As a dual agent they will treat both parties honestly,
prepare and present offers at the direction of the parties, and
help the parties fulfill the terms of any contract.
They will not, however, disclose any confidential
information that would place one party at an advantage over the
other or advocate or negotiate to the detriment of either party.
If dual agency occurs you will be asked to consent to that in
writing. If you do
not agree to your agent acting as a dual agent, you can ask that
another agent in our company be assigned to represent you or you
can seek representation from another brokerage.
As a buyer you may also choose to represent yourself
on properties Sarver Realty has listed.
In that instance Sarver Realty will represent the seller
and you would represent your own best interests.
Because the listing agent has a duty of full disclosure
to the seller you should not share any information with the
listing agent that you would not want the seller to know.
When Sarver Realty lists property for sale it also
cooperates with, and offers compensation to, other brokerages
that represent buyers. Sarver Realty does reserve the right, in
some instances, to vary the compensation it offers to other
brokerages. As a
seller, you should understand that just because Sarver Realty
shares a fee with a brokerage representing the buyer, it does
not mean that you will be represented by that brokerage.
Instead that company will be looking out for the buyer
and Sarver Realty will be representing your interests.
When acting as a buyer’s agent, Sarver Realty also
accepts compensation offered by the listing broker.
If the property is not listed with any broker, or the
listing broker does not offer compensation, we will attempt to
negotiate for a seller-paid fee.
is illegal, pursuant to the Ohio fair housing law, division (H)
of section 4112.02 of the Revised Code, and the federal fair
housing law, 42 U.S.C.A. 3601, to refuse to sell, transfer,
assign, rent, lease, sublease, or finance housing
accommodations, refuse to negotiate for the sale or rental of
housing accommodations, or otherwise deny or make unavailable
housing accommodations because of race, color, religion, sex,
familial status as defined in section 4112.01 of the Revised
Code, ancestry, military status as defined in that section,
disability as defined in that section, or national origin or to
so discriminate in advertising the sale or rental of housing, in
the financing of housing, or in the provision of real estate
is also illegal, for profit, to induce or attempt to induce a
person to sell or rent a dwelling by representations regarding
the entry into the neighborhood of a person or persons belonging
to one of the protected classes. Blockbusting
is also illegal.
We hope you find this information to be helpful to
you as you begin your real estate transaction.
When you are ready to enter into a transaction, you will
be given an Agency Disclosure Statement that specifically
identifies the role of the agents and brokerages. Please
ask questions if there is anything you do not understand.
Because it is important that you have this information
law requires that we ask you to sign below, acknowledging
receipt of this consumer guide.
Your signature will not obligate you to work with our
company if you do not choose to do so.
In the event the sale results in a closed
transaction, the customer or client agrees to pay Sarver Realty
a $145 Administration Fee to be paid through escrow.
acknowledge the Sarver Realty Consumer Guide