Home About Us Our History Meet Our Team Happy Van Sickle Randy Van Sickle Gay Murdoch Patty Miller Priscilla Walton Ellen Aldrich Nancy Gothie Directions Chatham Map Contact Us Buying Property Buyer's Guide Buyer Representation Search The MLS Sample Documents View Our Listings Selling Property Listing With Us Marketing Exposure Seller Representation Sales History What Does It Cost? Sample Documents Summer Rentals Search For Homes By Location Property ID By Budget Waterfront Only View All Properties Rental Policies Useful Links Local Resources Fishing and Boating Lodging Natural Environment Restaurants Sporting Life

CHATHAM VILLAGE REALTY, LLC - Chatham's Finest Real Estate Sales and Vacation Rentals

Seller Representation

On this page you can review the types of representation that Chatham Village Realty offers our seller clients.  For a more detailed review of how we work with our seller clients in the pricing, marketing and successful sale of your property, please visit the Listing With Us page.

Chatham Village Realty provides three types of representation for our clients - buyer representation, seller representation, and dual-agency representation.  On this page, we will provide information related to seller representation and dual-agency representation.  When you list your property with Chatham Village Realty, we are required to disclose to you the nature of our agency relationship with you using an agency disclosure form, a copy of which can be found here.  Below is an excerpt from the disclosure agreement that summarizes seller representation.

A seller can engage the services of a real estate agent to sell his property (called the listing agent) and the real estate agent is then the agent for the seller who becomes the agent's client. This means that the real estate agent represents the seller. The agent owes the seller undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate. The agent must put the seller's interests first and negotiate for the best price and terms for their client, the seller. (The seller may authorize sub-agents to represent him/her in marketing its property to buyers, however the seller should be aware that wrongful action by the real estate agent or sub-agents may subject the seller to legal liability for those wrongful actions).

While the last line in the seller agency disclosure references the authorization of sub-agents, you can rest assured that Chatham Village Realty does not allow other agents to act as sub-agents, as this will expose both you and our agency you to unnecessary liability.  Circumstances may arise where a Chatham Village Realty agent has a buyer for your home.  In this case, we would shift to dual agency representation, which is reviewed below.

DUAL AGENCY REPRESENTATION

We must also take a moment to review dual agency representation and what triggers this type of representation.  Dual agency representation will occur if one of our agents is working with a buyer who may be interested in making an offer to purchase your property.  Since we could end up representing both the buyer and the seller in the same transaction in the same brokerage firm, we would then resort to dual agency.  Dual agency must be consented to by both the buyer and the seller in the transaction.  Our agency disclosure form explains the impact of dual agency representation in the following manner:

A real estate agent (or firm) may act as a dual agent representing both the seller and the buyer in a transaction but only with the express and informed consent of both the seller and the buyer.  Written consent to dual agency must be obtained by the real estate agent prior to the execution of an offer to purchase a specific property.  A dual agent shall be neutral with regard to any conflicting interest of the seller and buyer.  Consequently a dual agent cannot satisfy fully the duties of loyalty, full disclosure, obedience to lawful instructions which is required of an exclusive  seller or buyer agent.  A dual agent does, however, still owe a duty of confidentiality of material information and accounting for funds.  The written consent for dual agency must contain the information provided for in the regulations of the Massachusetts Board of Registration or Real Estate Brokers and Salespeople.  A sample dual agency consent form may be found here.

While dual agency is not common, it does occur from time to time, and it is both important and required that both buyers and sellers be informed of this possibility at the commencement of a relationship.