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Real Estate Agents have a fiduciary relationship

Fiduciary Duties

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I came across a great article in the Gazette over the weekend about Fiduciary Responsibilities.   It was informative, well-written, and very much applies to Colorado Springs Real Estate and Realtors.   My favorite quote from the article written by Jim Flynn  ”The law expects more of real estate agent BE uid 1354552fiduciaries than others who have legal duties to another person.”    Some examples of professional who have a fiduciary responsibility are trustees, executors, and guardians, as well as Realtors.

You may wonder what all of this has to do with real estate.  The answer is, it has everything to do with Realtors and real estate in Colorado and it starts with an understanding of agency in Colorado

Agency and Real Estate

Colorado is considered an agency state, and Real Estate Agents have 2 choices of how they represent clients.  According to the information in the Colorado Real Estate Manual:

A party now has two choices when engaging the services of a real estate broker. One choice is “transaction-brokerage” where the broker assists one or more parties throughout the transaction without being an advocate for any party. The second relationship is “agency” where the broker is a single agent representing only one party in the transaction.
In Colorado, when I’m working as a Buyers Agent or a Sellers Agent, I have a Fiduciary duty to my clients whom I’m representing.    According to Wikipedia,  “A fiduciary duty is a legal or ethical relationship of confidence or trust between two or more parties, most commonly a fiduciary and a principal.”

It’s important to note that in order to be an agent, according to Colorado Real Estate Laws, there must be a written agreement between the broker and the party.   Colorado also doesn’t allow a Realtor to represent both a buyer and a seller at the same time as an Agent; as it is a conflict of interest.

When I’m an agent for a principal (a client) I have a variety of responsibilities including promoting the interest of the party with the utmost good faith, loyalty, and fidelity; seeking a price that is acceptable to the party, counseling the party as to any material benefits or risks of the transaction.    Essentially I have a fiduciary relationship to my client and with that comes a responsibility I take very seriously.

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To find out more information about Colorado Springs, Call ……
Kathy (719-287-1049)   KTorline@msn.com

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