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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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Real Estate Agent or Realtor?

What is the difference between a Colorado Springs Realtor and a Colorado Springs Real Estate agent?

Must read articles:

  • Who is Representing YOU? - Tip #1
  • Shop for a Lender like you shop for a house - Tips #2 – 6
  • Top 3 websites for home buyers - Tips #7 -9
  • Open House Misconceptions – Tip #10
  • Appraisals and Inspections, 2 important steps for home buyers - Tips #11-15
  • Most Home buyers and home sellers the Colorado Springs area use the terms REALTOR® and Real Estate Agent interchangeably, but that is not correct.   There are many differences between REALTORS® and real estate agents.    They are not the same……………..

    What is a  Realtor®?real estate agent BE uid 1355693

    1. Realtors® subscribe to a strict Code of Ethics set forth by the National Association of Realtors, which contains 17 Articles and various underlying Standards of Practice.
    2. Realtors® must complete mandatory quadrennial Code of Ethics training.
    3. Realtors® belong to the local Realtor® boards, which contribute listings to the MLS (Multiple Listing Service®).
    4. Realtor® agree to arbitration procedures used to settle any complaints, whether from consumers or other Realtor® members.
    5. Realtors® belong to the professional organization, National Association of Realtors®. Read the rest of this entry »

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