Disclosure Regarding Real Estate 

Agency Relationships

Seller’s Agent

A seller’s agent is an agent who is engaged by a seller to 

represent the seller’s interests. The seller’s agent does this 

by securing a buyer for the seller’s home at a price and on 

terms acceptable to the seller. A seller’s agent has, without limitation, the following fiduciary duties to the seller: 

reasonable care, undivided loyalty, confidentiality, full 

disclosure, obedience and duty to account. A seller’s 

agent does not represent the interests of the buyer. The 

obligations of a seller’s agent are also subject to any specific provisions set forth in an agreement between the 

agent and the seller. In dealings with the buyer, a seller’s 

agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly 

and in good faith; and (c) disclose all facts known to the 

agent materially affecting the value or desirability of 

property, except as otherwise provided by law.

Buyer’s Agent

A buyer’s agent is an agent who is engaged by a buyer to 

represent the buyer’s interests. The buyer’s agent does 

this by negotiating the purchase of a home at a price and 

on terms acceptable to the buyer. A buyer’s agent has, 

without limitation, the following fiduciary duties to the 

buyer: reasonable care, undivided loyalty, confidentiality, 

full disclosure, obedience and duty to account. A buyer’s 

agent does not represent the interest of the seller. The obligations of a buyer’s agent are also subject to any specific provisions set forth in an agreement between the agent 

and the buyer. In dealings with the seller, a buyer’s agent 

should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and 

in good faith; and (c) disclose all facts known to the agent 

materially affecting the buyer’s ability and/or willingness 

to perform a contract to acquire seller’s property that are 

not inconsistent with the agent’s fiduciary duties to the 

buyer.