In which of these transactions must a Michigan real estate licensee provide an agency disclosure?

From the Michigan Department of Labor and Economic Growth

Before you disclose confidential information to a real estate licensee regarding a real estate transaction you should understand what type of agency relationship you have with that licensee.

Michigan law requires real estate licensees who are acting as agents of sellers or buyers of real property to disclose the potential sellers or buyers with whom they work of the nature of their agency relationship.

A broker or salesperson may function in any of the following capacities:

• Represent the seller as an authorized Seller's agent or subagent.
• Represent the buyer as an authorized Buyer's agent or subagent.
• Represent both the Seller and Buyer as a disclosed dual agent authorized by both the Seller and Buyer.
• Represent neither the Seller or Buyer as an agent, but provide services authorized by the Seller or Buyer to complete a transaction as a transaction coordinator .

Seller's Agents
A Sellers agent, under a listing agreement with the Seller, acts solely on behalf of the Seller. A Seller can authorize a Seller's agent to work with subagents, Buyer's agents, and/or transaction coordinators. A subagent of the Seller is one who has agreed to work with the listing agent, and who, like the listing agent, acts solely on behalf of the Seller. Seller's agents and their subagents will disclose to the Seller known information about the Buyer which may be used to the benefit of the Seller.

The duties that a Seller's agent and subagent owe to the Seller include:

• Promoting the best interests at the Seller.
• Fully disclosing to the Seller all facts that might affect or influence the Seller's decision to accept an offer to purchase.
• Keeping confidential the sellers motivations for selling.
• Presenting all offers to the Seller
• Disclosing the identities of all Buyers and all Information about the willingness of those Buyers to complete the sale or to offer a higher price.

Buyer's Agents
A Buyer's agent, under a Buyer's agency agreement with the Buyer, acts solely on behalf of the Buyer. A subagent of the Buyer is one who has agreed to work with the Buyer's agent and who, like the Buyer's agent, acts solely on behalf of the Buyer. Buyer's agents and their subagents will disclose to the Buyer known information about the Seller which may be used to benefit the Buyer. The duties a Buyer's agent and subagent owe to the Buyer include:

• Promoting the best Interests of the Buyer.
• Fully disclosing to the Buyer all facts that might affect or influence the Buyer's decision to tender an offer to purchase.
• Keeping confidential the Buyer's motivations for buying.
• Presenting all offers on behalf of the Buyer.
• Disclosing to the Buyer all information about the willingness of the Seller to complete the sale or to accept a lower price.

Dual Agency
A real estate licensee can be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and informed consent, in writing, of both the Seller and the Buyer.

In such a dual agency situation, the licensee will

The obligations of a dual agent are subject to any specific provisions set forth in any agreement between the dual agent, the Seller and the Buyer.

Designated Agency
A Buyer or Seller with a designated agency agreement is represented only by agents specifically named in the agreement. Any agents of the firm not named in the agreement do not represent the Buyer or Seller. The named "designated" agent acts solely on behalf of his or her client and may only share confidential information about the client with the agents supervisory broker who is also named in the agreement. Other agents in the firm have no duties to the Buyer or Seller and may act solely on behalf of another party in the transaction. 

OCCUPATIONAL CODE (EXCERPT)
Act 299 of 1980

339.2517 Disclosure of agency relationship.

Sec. 2517.

(1) A licensee shall disclose to a potential buyer or seller in a real estate transaction all types of agency relationships available and the licensee's duties that each agency relationship creates before the disclosure by the potential buyer or seller to the licensee of any confidential information specific to that potential buyer or seller.

(2) The disclosure of the type of agency relationship shall be in writing and substantially conform to the following:

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS

Before you disclose confidential information to a real estate licensee regarding a real estate transaction, you should understand what type of agency relationship you have with that licensee. A real estate transaction is a transaction involving the sale or lease of any legal or equitable interest in real estate consisting of not less than 1 or not more than 4 residential dwelling units or consisting of a building site for a residential unit on either a lot as defined in section 102 of the land division act, 1967 PA 288, MCL 560.102, or a condominium unit as defined in section 4 of the condominium act, 1978 PA 59, MCL 559.104.

Michigan law requires real estate licensees who are acting as agents of sellers or buyers of real property to advise the potential sellers or buyers with whom they work of the nature of their agency relationship.

Seller's Agents

A seller's agent, under a listing agreement with the seller, acts solely on behalf of the seller. A seller can authorize a seller's agent to work with subagents, buyer's agents and/or transaction coordinators. A subagent is one who has agreed to work with the listing agent, and who, like the listing agent, acts solely on behalf of the seller. Seller's agents and subagents will disclose to the seller known information about the buyer which may be used to the benefit of the seller.

Buyer's Agents

A buyer's agent, under a buyer's agency agreement with the buyer, acts solely on behalf of the buyer. Buyer's agents and subagents will disclose to the buyer known information about the seller which may be used to benefit the buyer.

Dual Agents

A real estate licensee can be the agent of both the seller and the buyer in a transaction, but only with the knowledge and informed consent, in writing, of both the seller and the buyer.

In such a dual agency situation, the licensee will not be able to disclose all known information to either the seller or the buyer.

The obligations of a dual agent are subject to any specific provisions set forth in any agreement between the dual agent, the seller, and the buyer.

Licensee Disclosure (check one)

I hereby disclose that the agency status of the licensee named below is:

_____ Seller's Agent

_____ Buyer's Agent

_____ Dual Agent

_____ None of the above

Affiliated Licensee Disclosure (check one)

_____Only the licensee's broker and a named supervisory broker have the same agency relationship as the licensee named below. If the other party in a transaction is represented by an affiliated licensee, then the licensee's broker and all named supervisory brokers shall be considered disclosed consensual dual agents.

_____All affiliated licensees have the same agency relationship as the licensee named below.

Further, this form was provided to the buyer or seller before disclosure of any confidential information.

Acknowledgment

By signing below, the parties confirm that they have received and read the information in this agency disclosure statement and that this form was provided to them before the disclosure of any confidential information specific to the potential sellers or buyers.

(3) This article does not prevent a licensee from acting as a transaction coordinator upon proper notice to all parties to a real estate transaction.

(4) A broker and a client may enter into a designated agency agreement. In the absence of a written designated agency agreement, a client is considered to have an agency relationship with the broker and all affiliated licensees.

(5) A designated agency agreement shall contain the name of all associate brokers who are authorized to act as supervisory brokers. If designated agents who are affiliated licensees represent different parties in the same real estate transaction, the broker and all supervisory brokers are considered disclosed consensual dual agents for that real estate transaction. Designated agents who are affiliated licensees representing different parties in the same transaction shall notify their clients that their broker represents both buyer and seller before an offer to purchase is made or presented.

(6) Except as otherwise provided in subsection (5), a client with a designated agency agreement is not considered to have an agency relationship with any affiliated licensees of the designated agent. Two designated agents who are affiliated licensees may each represent a different party in the same transaction and shall not be considered dual agents. The designated agent's knowledge of confidential information of a client is not imputed to any affiliated licensee not having an agency relationship with that client.

(7) A designated agent shall not disclose confidential information of a client to any licensee, whether or not an affiliated licensee, except that a designated agent may disclose to any supervisory broker confidential information of a client for purposes of seeking advice or assistance for the benefit of the client. A licensee who represents a client in an agency capacity does not breach any duty or obligation owed to that client by failing to disclose to that client information obtained through a present or prior agency relationship.

(8) A listing agreement or a buyer's agency agreement may be amended to establish a designated agency relationship, to change a designated agent, or to change supervisory brokers at any time pursuant to a written addendum signed by the parties.

(9) As used in this section:

(a) "Affiliated licensees" means individuals licensed as salespersons or associate brokers who are employed by the same broker.

(b) "Buyer" means a purchaser, tenant, or lessee of any legal or equitable interest in real estate.

(c) "Buyer's agent" means a licensee acting on behalf of the buyer in a real estate transaction who undertakes to accept the responsibility of serving the buyer consistent with those fiduciary duties existing under common law.

(d) "Designated agent" means an individual salesperson or an associate broker who is designated by the broker as the client's legal agent pursuant to a designated agency agreement.

(e) "Designated agency agreement" means a written agreement between a broker and a client in which an individual salesperson or associate broker affiliated with that broker is named as that client's designated agent.

(f) "Dual agent" means a licensee who is acting as the agent of both the buyer and the seller and provides services to complete a real estate transaction without the full range of fiduciary duties owed by a buyer's agent and a seller's agent.

(g) "Real estate transaction" means the sale or lease of any legal or equitable interest in real estate where the interest in real estate consists of not less than 1 or not more than 4 residential dwelling units or consists of a building site for a residential unit on either a lot as defined in section 102 of the land division act, 1967 PA 288, MCL 560.102, or a condominium unit as defined in section 4 of the condominium act, 1978 PA 59, MCL 559.104.

(h) "Seller" means the equitable or legal owner of real estate.

(i) "Seller's agent" means a licensee acting on behalf of the seller in a real estate transaction who undertakes to accept the responsibility of serving the seller consistent with those fiduciary duties existing under common law.

(j) "Supervisory broker" means an associate broker designated in a written agency agreement to act in a supervisory role in an agency relationship.

(k) "Transaction coordinator" means a licensee who is not acting as the agent of either the buyer or the seller.

History: Add. 1993, Act 93, Eff. Jan. 1, 1994 ;-- Am. 2000, Act 236, Imd. Eff. June 27, 2000 ;-- Am. 2000, Act 436, Imd. Eff. Jan. 9, 2001
Popular Name: Act 299

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