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THE NON-AGENT FACILITATOR

 

     When a real estate agent works as a facilitator that agent assists the seller and buyer in reaching an agreement but does not represent either the seller or the buyer in the transaction.  The facilitator and the broker with whom the facilitator is affiliated owe the seller and buyer a duty to present each property honestly and accurately by disclosing known material defects about the property and owe a duty to account for funds.  Unless otherwise agreed, the facilitator has no duty to keep information received from the seller or buyer confidential.  The role of facilitator applies only to the seller and buyer in the particular property transaction involving the seller and buyer.  Should the seller and buyer expressly agree a facilitator relationship can be changed to become an exclusive agency relationship with either the seller or the buyer.

 

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All Brokers/Salespersons represent the seller, not the buyer, in the marketing, negotiating and sale of property, unless otherwise disclosed. However, the Broker or Salesperson has an ethical and legal obligation to maintain honesty and fairness to the buyer in all transactions.