Agency Relationships

The SC Real Estate License Law, in Section

40-57-139 (A) (1) and (2), requires a real estate

licensee to provide you this brochure and a

meaningful explanation of agency relationships

offered by the licensee's Company. This must be

done at the first practical opportunity when you

and the licensee have substantive contact.

in South Carolina

Before you begin to work with a real estate

licensee, it is important for you to know the

difference between a broker-in-charge and

associated licensees. The broker-in-charge is the

person in charge of a real estate Company.

Associated licensees may work only through a

broker-in-charge. In other words, when you

choose to work with any real estate licensee,

your business relationship is legally with the

Company and not with the associated licensee.

A real estate Company and its associated

licensees can provide buyers and sellers valuable

real estate services, whether in the form of basic

customer services, or through client-level agency

representation. The services you can expect will

depend upon the legal relationship you establish

with the Company. It is important for you to

discuss the following information with the real

estate licensee and agree on whether in your

business relationship you will be a customer or a

client.

Now You Are a

Customer of the Company

South Carolina license law defines customers as

buyers or sellers who choose NOT to establish an

agency relationship. The law requires real estate

licensees to perform the following basic duties

when dealing with any real estate buyer or seller

as customers:

Present all offers in a timely manner

Account for money or other property received

on your behalf

Provide an explanation of the scope of services

to be provided

Be fair and honest and provide accurate

information

Disclose "adverse material facts" about the

property or the transaction which are within the

licensee's knowledge.

Unless or until you enter into a written

agreement with the Company for agency

representation, you are considered a

"Customer" of the Company, and the Company

will not act as your agent. As a Customer, you

should not expect the Company or its licensees

to promote your best interest, or to keep your

bargaining information confidential.

Customer service does not require a written

agreement; therefore, you are not committed to

the Company in any way.

You Can Become a Client

Clients receive more services than customers. If

client status is offered by the real estate Company,

you can become a client by entering into a written

agency agreement requiring the Company and its

associated licensees to act as an agent on your

behalf and promote your best interests. If you

choose to become a client, you will be asked to

confirm in your written representation agreement

that you received this brochure in a timely

manner.

A seller becomes a client of a real estate company

by signing a formal listing agreement with the

Company. For a seller to become a client, this

agreement must be in writing and must clearly

establish the terms of the agreement and the

obligations of both the seller and the Company

which becomes the agent for the seller.

A buyer becomes a client of a real estate Company

by signing a formal buyer agency agreement with

the Company. For a buyer to become a client, this

agreement must be in writing and must clearly

establish the terms of the agreement and the

obligations of both the buyer and the Company

which becomes the agent for the buyer.

If you enter into a written agency agreement, as a

Client, you can expect the real estate Company to

provide the following client-level services:

Obedience

Loyalty

Disclosure

Confidentiality

Accounting

Reasonable care and skill

Client-level services also include advice, counsel

and assistance in negotiations.

Single Agency

When the Company represents only one client in

the same transaction (the seller or the buyer), it is

called single agency.

Dual Agency

Dual Agency exists when the real estate Company

has two clients in one transaction ? a seller client

and a buyer client.

At the time you sign an agency agreement, you

may be asked to acknowledge whether you would

consider giving written consent allowing the

Company to represent both you and the other

client in a disclosed dual agency relationship.

Disclosed Dual Agency

In a disclosed dual agency, the Company's

representation duties are limited because a buyer

and seller have recognized conflicts of interest.

Both clients' interests are represented

Company. As a disclosed dual agent, the

Company and its associated licensees cannot

advocate on behalf of one client over the other,

and cannot disclose confidential client

information concerning the price negotiations,

terms, or factors motivating the buyer/client to

buy or the seller/client to sell. Each Dual Agency

Agreement contains the names of both the seller

client(s) and the buyer client(s) and identifies the

property.

It's Your Choice

Does this Company represent both buyers and

sellers as clients?

If so, what are the choices if two clients

become involved in one transaction?

What duties will the Company continue to

provide me after the transaction is completed?

If you plan to become a client of a Company, the

licensee will explain the agreement to you fully

and will answer questions you may have about the

agreement. Remember, however, that until you

enter into a representation agreement with the

Company, you are considered a customer and

the Company cannot be your advocate, cannot

advise you on price or terms, and cannot keep

your confidences.

As a real estate consumer in South Carolina, it is

your choice as to the type and nature of services

you receive.

Designated Agency

In designated agency, a broker-in-charge may

designate individual associated licensees to act

solely on behalf of each client. Designated agents

are not limited by the Company's agency

relationship with the other client, but instead have

a duty to promote the best interest of their clients,

including negotiating a price. The broker-incharge

remains a disclosed dual agent for both

clients, and ensures the assigned agents fulfill

their duties to their respective clients.

At the time you sign an agency agreement, you

may be asked to acknowledge whether you would

consider giving written consent allowing the

Company to designate a representative for you

and one for the other client in a designated

agency.

Each Designated Agency Agreement contains the

names of both the seller client(s) and the buyer

client(s) and identifies the property.

What to Look For in Any Agreement

When you choose client-level service, your

written Agency Agreement or your agent should

answer these questions:

Can I work with other Companies during the

time of the Agreement?

What will happen if I buy or sell on my own

without the agent?

When will this agreement expire?

How will the Company be paid for its services?

You can choose to remain a customer and

represent yourself while the Company

represents the other party.

You can choose to hire the Company for

representation through a written agreement.

If represented by the Company, you can decide

whether to go forward under the shared

services of dual agency or designated agency or

to remain in single agency.

The choice of services belongs to you-the South

Carolina real estate consumer.

This brochure has been approved by the S.C. Real

Estate Commission for use in explaining

representation issues in real estate transactions

and consumers rights as a buyer or seller.

Reprinting without permission is permitted

provided no changes or modifications are made.

Agency

Disclosure

Brochure

Agency Relationships

in Real Estate

South Carolina Department of

Labor, Licensing and

Regulation

South Carolina Real Estate

Commission

PO Box 11847

Synergy Business Park, Kingstree Building

110 Centerview Dr., Suite 201

Columbia, SC 29210

Telephone: (803) 896-4400

Fax: (803) 896-4404

www.llr.state.sc.us/Pol/RealEstateCommission/

(Rev. 1/05)