|

|
Colorado Real Estate Law
|
Brokerage Relationships
In Colorado, all licensed real estate
agents are known as brokers. A broker can represent a
party to a purchase transaction in one of three ways:
- Seller Agent - A broker who is engaged by and
represents the seller.
- Buyer Agent - A broker who is engaged by and
represents the buyer.
- Transaction Broker - A broker who assists one
or more parties throughout a contemplated real estate
transaction with communication, interposition, advisement,
negotiation, contract terms, and the closing of such real
estate transaction without being an agent or advocate for the
interest of any party to such transaction.
A seller agent is required to represent
the seller's best interests by selling the property under
the terms most favorable to the seller.
A Buyer Agent is required to represent the buyer's best
interests by finding the right property for the buyer under the
terms most favorable to the buyer.
A transaction broker represents neither the buyer or the
seller. This is a brokerage relationship buyers should
avoid. If your Realtor attempts to establish this
relationship with you, be wary. Ask questions, make sure
you understand, and protect yourself because a Transaction
Broker won't protect you.
|
Disclosure
Upon first substantive contact with a
buyer client, the broker is required to disclose the definitions
of these brokerage relationships with clients. The Colorado
Real Estate Commission has provided a form for this.
In addition, any broker intending to establish a single agency
relationship with a buyer shall enter into a written agency
agreement with the client which discloses the duties and
responsibilities of the agent. This agreement is called
the Exclusive Right
To Buy Contract and is also provided as a standard form by the
CREC. Exclusive Buyer Agents understand that full
disclosure to their clients is a critical agency duty.
|
Agency Duty
A buyer agent engaged by a buyer must
perform specific duties and obligations. The Agent's Fiduciary Duties are defined in common
law. The Colorado Real Estate Commission has also defined
a specific set of duties and obligations in Chapter 12 of the Real
Estate Manual.
|
Legal Consequences
Most of the standard forms adopted by the
Colorado Real Estate Commission include this statement: "THIS
FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD
CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING."
Colorado licensed real estate agents are not attorneys, but
under certain conditions they have been granted a limited right
to practice law. One of those conditions states that
they must recommend the use of attorneys by their clients in
real estate transactions. The standard forms include this
statement to assist the agents in meeting this
requirement. It is good advice.
|
Terminology
Real Estate jargon can be
misleading. Mortgagor/mortgagee, joint tenants/tenants in
common, single agent/dual agent, agent/broker,
appraiser/inspector. Take a look at the glossary published
by the Colorado Real Estate Commission.
|
|
|
|