REALTORS ASSOCIATION OF NEW MEXICO CONSUMER CHOICES IN NEW MEXICO REAL ESTATE BROKERAGE RELATIONSHIPS In NM, any person holding a valid real estate license
is called a licensee. A CONSUMER HAS THE RIGHT TO EXPECT CERTAIN BASIC DUTIES OF A LICENSEE, ESTABLISHED BY REGULATION: NOTE: THIS WILL CHANGE IN 2004 LOOK HERE FOR UPDATE............ Disclosure of: Any adverse material facts actually known by the licensee
about the Property or the transaction; adverse material facts
do not include data from a sex offender registry or the existence
of group homes; All adverse material facts actually known by the licensee
pertaining to the parties' financial ability to perform the transaction; Disclosure of any material interest or relationship of a
business, personal, or family nature; Presentation of all offers in a timely manner; Performance of any oral or written agreements with the parties; Prompt accounting for all monies or properties received; Assistance to all parties in accordance with local, state, and
federal fair housing and anti-discrimination laws. Assistance regarding the transaction, including suggestions to
obtain expert advice concerning matters beyond the licensee's expertise; Assistance to the parties in complying with the terms and
conditions of the contract and with the Closing of the transaction; Maintenance of confidential information learned in the course of
any prior agency relationship unless disclosure is with the client's
consent or is required by law. By regulations of the NM real estate commission, all licensees must
disclose to you, the consumer, the various brokerage relationships
available in this state. THE FOLLOWING BROKERAGE RELATIONSHIPS ARE AVAILABLE TO A CONSUMER: 1. EXCLUSIVE AGENT. In NM, an agency relationship between a consumer
and a brokerage will exist only if the consumer and the brokerage agree
in writing to the agency relationship. The following exclusive agency
relationships are available to a consumer who signs an express written
agency agreement: A. Seller's Agent. A licensee who, on behalf of the licensee's
Qualifying Broker, acts as the agent of the owner of real property
for the purpose of selling the Property. In addition to licensee's
duties, a seller's agent owes fiduciary duties to the seller B. Subagent of the Listing Broker. A licensee, who, on behalf of the
licensee's Qualifying Broker, Works as an agent of the seller, to
assist a buyer customer to purchase real property that is listed for
sale by another licensee who is acting as an agent of the seller.
In this relationship, the licensee working with the buyer is a subagent
of the listing agent and owes fiduciary duties to the seller of the
property. C. Buyer's Agent. A licensee, who, acting on behalf of the licensee's
Qualifying Broker, works as an agent of the buyer for the purpose of
purchasing real property. In addition to licensee's duties, a buyer's
agent owes fiduciary duties to the buyer. D. Designated Agent. A licensee, who acting on behalf of the licensee's
Qualifying Broker, is designated by the broker as the sole representative
of a buyer-client or seller-client. In addition to licensee's duties,
the designated agent owes fiduciary duties to the buyer-client or
seller-client. The Qualifying Broker must maintain impartiality to
both parties, and must not disclose confidential information of either party.
2. DUAL AGENT. A relationship that occurs only in certain specific situations:
(1) one agent represents both a buyer-client and a seller-client in
the same transaction; (2) one agent represents either a buyer-client
or a seller-client and the other party in the transaction is
represented by the agent's Qualifying Broker; (3) where designated
Agency has not been chosen by a Qualifying Broker, any transaction
where a buyer-client and a seller-client are each represented by
an agent supervised by the same Qualifying Broker. A dual agent
acts as a facilitator for a buyer-client and a seller-client in a
single transaction, rather than as a sole representative of either party. A consumer who wants to create an agency realationship must sign a
separate written agency agreement in order to do so. In addition to the duties described in the Licensee section of this
notice, every licensee who agrees to act as an Agent will owe to
his or her client fiduciary duties, which include: LOYALTY, FULL DISCLOSURE, OBEDIENCE TO LAWFUL INSTRUCTIONS,
REASONABLE CARE, CONFIDENTIALITY, ACCOUNTING FOR ALL MONEY IN
THE AGENT'S CONTROL. 3. NON-AGENT. A. Exclusive Non-agent. A licensee who, acting on behalf of the
licensee's Qualifying Broker, provides real estate services as a
non-agent to a consumer on an exclusive basis. A written non-agency
agreement is required to create this realationship. B. Non-exclusive N0n-agent ("Licensee"). A licensee who, acting on
behalf of the licensee's Qualifying Broker, provides real estate
services as a non-agent to a consumer customer. This relationship
exists is no written agreement is entered into. YOU WILL BE ASKED TO SIGN AND SELECT FROM THE FOLLOWING BROKERAGE
RELATIONSHIPS: SELLERS AGENT, SUBAGENT, BUYERS AGENT, DESIGNATED AGENT,
DUAL AGENT, EXCLUSIVE NON-AGENT, NON-EXCLUSIVE NON-AGENT (LICENSEE) If you are using real estate services without an express written
agency agreement, no agency relationship or agency duties will be
imposed on the brokerage. Have you signed a written agreement with another licensee that is
still in effect? YES NO You will be asked to acknowledge that you have seen these options.. Thanks Trish and Chuck Dawson
RIO
RANCHO NEW MEXICO HOMES west Albuquerque.
CORRALES NEW MEXICO HOMES
north river Albuquerque
PLACITAS NEW MEXICO HOMES
north of AlBUQUERQUE
LOS
LUNAS NEW MEXICO HOMES south Albuquerque
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TRISH DAWSON, JD, REALTOR AND CHUCK DAWSON, MA, ASSOCIATE BROKER both with Coldwell Banker Legacy 898 2700 DIRECT 505-792 7632 HOME 505-898-9380 971-8584 PAGE 898-9372 FAX