A REALTOR® can represent a consumer in one of two ways; they can
work with you as a Facilitator or they can work for you as a Buyer or Seller Agent. Regardless of the capacity in which a REALTOR® is representing you they owe all consumers the following; Reasonable Care & Skill, Fair & Honest Dealings and Disclosure of all Material Facts.
The attached link provides you with copies of Agency Disclosures that are utilized in NH & MA. A REALTOR® should present this Disclosure to you at the first business meeting. The Disclosure describes the various business relationships and responsiblities that a REALTOR owes you. In summation they are;
Facilitator - As a facilitator a REALTOR® does not advocate for you nor provide you with advice. They can provide you with ministerial adminstrative services to assist you as a customer such as; showing property, preparing and presenting offers and providing assistance and/or information that pertains to the transaction.
Buyer Agent* - As a Buyer Agent a REALTOR® is working for you as a client and owes you the same duties as that of a Facilitator as well as the fiduciary obligation and duties listed below. As a Buyer Agent a REALTOR® can advocate for you and provide you with advice and should know as much information about the property as if they were selling the property.
Seller Agent* - As a Seller Agent a REALTOR® is working for you as a client and owes you the same duties as that of a Facilitator as well as the fiduciary obligation and duties listed below.
*In either of these relationships a REALTOR® owes you a fiduciary obligation to provide the following services;
- Advocacy
- Advice
- Confidentiality
- Loyalty
- Lawful Obedience
- Promotion of client's best interests
Most all REALTORS® are 1099 employees, independent contractors, and must have their license held with a broker at a real estate agency/office. REALTORS® can be held accountable by their Real Estate Commission, their Broker and their Board office.
NH Real Estate Commission (603) 271-2701
MA Real Estate Commission (617) 727-2373