~ Loyalty ~ Obedience ~
~ Diligence ~ Disclosure ~
~ Confidentiality ~ Accountability ~
~ Reasonable Skill & Care ~

Buyer Agency
A buyer's agency is a real estate broker or sales executive who acts in a fiduciary capacity for the prospective buyer. The buyer's agent owes the buyer undivided fiduciary obligations. The buyer's agent must put the buyer's interest first and negotiate for the best terms and conditions for the buyer.

Seller Agency
A seller's agent is a real estate broker or sales executive who acts in a fiduciary capacity for the owner. The owner may authorize their agent to cooperate with other brokers and sales executives to find a buyer for the property. The seller's agent owes the owner undivided fiduciary obligations. The seller's agent must put the owner's interest first and negotiate for the best terms and conditions for the owner.

Dual Agency
A dual agent is a real estate broker or sales executive who acts in a fiduciary capacity for both the owner and the prospective buyer after their informed consent. A dual agent does not exclusively represent the parties and they cannot expect undivided loyalty. However, the dual agent must be fair and honest to both the owner and the prospective buyer. A dual agent cannot disclose confidential information about one party to the other unless authorized or required by law.

Designated Agency
Generally, two designated agents will be appointed by their broker; one will represent the prospective buyer and the other will represent the owner. After the buyer and owner have consented to the designation, the designated buyer's agent and designated seller's agent owe their clients undivided fiduciary obligations. However, confidential information obtained before the designation must remain confidential. But confidential information obtained after the designation about another party can be disclosed to a client because a designated agent is not a dual agent, and thus does not owe fiduciary duties to the other party. In designated agency, all sales executives in the brokerage firm who are not designated are dual agents.

COMPENSATION

There are multiple ways that your property can sell. We structure our commission to benefit you!

Option 1: 4 to 4.5%
Ken lists your property and finds the buyer.
(this happens in about 32% of our sales) Dual Agency

Option 2: 4 to 5%
Ken lists your property and a different agent from our company represents the buyer.
(this happens in about 1% of our sales) Designated Agency

Option 3: 5 to 8%
Ken lists your property and an agent from a different company represents the buyer.
(this happens in about 66% of our sales) Seller Agency


Range of compensation depends on the size of your property.
Typically, properties over $1.5 million qualify for the lowest percentages.

 * *NEW ETHICAL DUTY TO DISCLOSE NON-CONFIDENTIALITY OF OFFERS* *
Beginning January 1, 2006, REALTORS® representing buyers have an ethical duty to advise their clients that sellers may not treat offers as confidential. More specifically, when entering into a buyer agreement, REALTORS® must advise potential clients of "the possibility that sellers or sellers' representatives may not treat the existence, terms, or conditions of offers as confidential unless confidentiality is required by law, regulation, or by any confidentiality agreement between the parties."

As a point of clarification, California law generally does not require the existence, terms, or conditions of offers to be kept confidential by either a seller or a listing agent representing the seller exclusively. However, parties may voluntarily enter into a confidentiality agreement.