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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.”

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10 things to know about Colorado real estate

What makes Colorado real estate different?

For a free Buyers Guide, Email Kathy Torline at KTorline@msn.com

I recently took some accreditation classes in another state.  It was eye-opening for me to understand how much the laws vary from state to state.   Since a major portion of my business is from Internet leads and from people moving to Colorado Springs from other parts of the country,  these classes were very helpful.

Some other articles that could be of interest:

Did you know ?

  1. Colorado is an “actual knowledge” state, which means as Colorado Realtors we only need to disclose facts that we know and we must disclosure material facts. Some states are “imputed knowledge states”, which means Realtors are expected to know certain things.
  2. Most Realtors in Colorado list properties for sale in their local MLS and ask for 1% for Earnest Money.   Some areas in the U.S. ask closer to 10% for Earnest Money.
  3. The majority of Colorado Springs homes get listed in some type of MLS database; and many homes get listed in multiple MLS’s.    There are some major cities in the U.S. that don’t have an MLS.
  4. Colorado doesn’t have dual agency.  Many states still have dual agency.   In Colorado you can only be an agent for either the Buyer or the Seller, you can not be an agent for both. Read the rest of this entry »

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