SELLER Representation

The real estate company that lists the property is called the listing broker. The listing realtor will market the home and use his or her expertise to locate a buyer for the property. These efforts may include holding open houses, internet or media advertising, direct marketing with other real estate agents, and other marketing efforts.

The listing realtor owes fiduciary duties to the seller. The listing realtor will act in the best interests of the seller.

A listing realtor may from time to time work with a buyer who is not represented by a real estate company. The listing realtor  does not owe any fiduciary duties to the buyer. If the buyer provides information about an offer, the buyer’s motivation, or other matters, because the listing realtor  does not have a duty of confidentiality toward the buyer, the listing realtor  may relay this information to the seller.

Under certain circumstances, a listing realtor  may have a legal responsibility to disclose information that is detrimental to the seller. If the listing realtor  is aware of adverse material facts about the property, the listing realtor is required by law to disclose those facts to the buyer. In addition, if the listing realtor learns that a party is not intending to perform under their contract, this information must likewise be disclosed.