Fred Griffin Tallahassee Real Estate, Licensed Florida Real Estate Broker (Fred Griffin Real Estate)

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Rainmaker
1,839,437
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

If I were a Buyer I would find a form, or hire an attorney to write one, that spells out the broker/agents fiduciary responsibility in a way that the broker/agent could be held responsible for properly representing me Fred Griffin 

Dec 16, 2018 04:00 PM
Ambassador
4,094,088
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

Definitely not #1 and #2 doesn't spell out the duties that I would like to see the my Realtor® has a Fiduciary relationship with me. It needs to be spelled out in my opinion.

Dec 16, 2018 04:12 PM
Rainmaker
808,597
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

Sadly most buyers don't read what they're signing. I forcefully make my clients read what they're signing before they sign it. But I think the majority of people signing something like this will assume that by signing it representation is occurring, which in their mind may include fiduciary duties even though it doesn't say that and specifically says transaction broker on it. I think the board misrepresents the representation by the title of the document too. But your question was if I were the buyer, and the answer to that is no. I would read it and know what it says. And it says transaction broker and spells out the specific duties with no mention of fiduciary that I can see in the snippet I read.

Dec 16, 2018 07:27 PM
Rainmaker
709,204
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

In AZ, unequivocal yes. It can also be implied by simply the actions of a licensee. But of course, this varies by state...

If you look like a duck, smell like a duck, act like a duck in a professional dealing, with then you must be a duck.

Dec 16, 2018 04:59 PM
Rainmaker
2,062,259
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

Agree with you, Fred.

The rule #1 to explain what documents our prospective buyers'd sign. 

Will check tomorrow the forms. 

Thank you.

Dec 16, 2018 08:39 PM
Ambassador
5,220,047
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Most will assume an Implied Representation relationship exists unless specifically told otherwise.

Dec 16, 2018 04:22 PM
Rainmaker
1,379,970
Raymond E. Camp
Howard Hanna Real Estate Services - Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

Personally, as soon as you talk buying or selling there is a fiduciary duty.

Also, my feeling is if you take care of the client you will not need either form. 

Dec 16, 2018 03:57 PM
Rainmaker
3,913,280
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

No, I wouldn't. Then again, I'll be the first to admit I don't quite "get" the transaction broker arrangement.

Dec 16, 2018 03:32 PM
Rainmaker
1,596,476
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

What a great question. 

Bookmarked and subscribed to answers. Will check tomorrow. 

Thank you, Fred.

Dec 16, 2018 07:11 PM
Rainmaker
869,324
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

No "Transaction Brokerage" in California. If you act like an agent you have a fiduciary duty to your client whether you have signed paperwork or not. Best to get the disclosures and/or agreements signed to cover yourself as well as the client.

Dec 16, 2018 05:17 PM
Rainmaker
5,570,688
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Ditto to what Francine Viola ....she's a smart cookie....

Dec 16, 2018 04:57 PM
Rainmaker
553,748
Francine Viola
Coldwell Banker Evergreen Olympic Realty, Olympia WA - Olympia, WA
REALTOR®, In Tune with your Real Estate Needs

No, I don’t see by these forms that they expect the agent to have a fiduciary duty to them. 

Dec 16, 2018 03:42 PM
Rainmaker
869,671
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

The first one, no. It references transaction brokerage and there's no fiduciary to either party with that, correct?
The second one, it's exclusive permission to assist but it doesn't reference representation or any fiduciary obligations directly. At least not what I can see.

Dec 16, 2018 03:38 PM
Rainmaker
1,510,563
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

If i were a buyer i'd choose to work with someone who knows what they are doing and who I trust, and if they suggest to sign an agency, i would. This form just suggests that we now work as a team. 

Dec 16, 2018 03:38 PM
Rainmaker
4,799,356
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Most folks don't really care.  They need to be informed about what this really means.

Dec 17, 2018 08:33 AM
Rainmaker
3,878,309
Richard Weeks
Dallas, TX
REALTOR®, Broker

Sorry but I can't even read it well enough to comment.

Dec 17, 2018 04:16 AM
Rainmaker
4,026,147
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

The public, absent a full disclosure of the duties of a transaction broker, might assume some additional duties on the part of the agent. Like the bold transaction disclosure but the font could be larger and possibly explained.

Dec 17, 2018 03:30 AM
Ambassador
3,002,604
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Not that I can see.  

I echo John Juarez comment. 

Dec 16, 2018 07:04 PM
Rainmaker
6,376,444
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

No.

Dec 16, 2018 05:34 PM
Rainmaker
833,436
Peter Mohylsky. Broker Associate
Miramar Beach - Santa Rosa Beach, FL
THE BEACH IS OPEN AND WAITING FOR YOU

Maybe, they are tough to read.  I need to see the entire form.

Dec 16, 2018 05:30 PM
Rainmaker
869,561
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Florida is a 'buyer beware' state. Nothing is as it appears.

And beware means it is all about protecting the broker's reveue and abandoning the agent.

Have I mentioned the source of most of the 'bad' in real estate?

Dec 17, 2018 05:55 AM
Rainmaker
2,014,170
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

From what I can see it appears yes ( I saw the word exclusive on both forms)

Dec 17, 2018 03:26 AM
Rainmaker
967,583
Doug Dawes
Keller Williams Realty - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

Is this a trick question. On the surface, one may assume the relationship exists

Dec 17, 2018 02:34 AM
Rainer
213,163
Dennis Swartz
Full Circle Property Management - Columbus, OH
MBA, GRI...experience counts!

Yes, isn't that what signing these forms is all about? How would a buyer ever understand any of this?

Dec 17, 2018 01:39 AM
Rainmaker
4,433,483
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

No.

Dec 17, 2018 11:52 AM
Rainmaker
1,698,448
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

Pretty sure it's specific. 

Dec 17, 2018 11:27 AM
Rainmaker
1,362,548
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

If I were "an average buyer" I would assume so and that I was locked in to using that agent.  As a professional, I know that these forms are not enforced and that unless there is fiduciary duties wording, none is created.

Dec 17, 2018 09:01 AM
Rainmaker
2,611,820
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

In the world of ethics YES to your question. However remember that Americans like to solve a multitude of problems in courts of law. We must remind ourselves that character drives life not intellect. Intent or motives can be manipulated or painted but the heart of the matter says otherwise. If people want their own lives to go well, use more heart!

Dec 17, 2018 08:49 AM
Rainer
308,652
J.R. Schloemer, CRS
Kentucky Select Properties - Louisville, KY

I can't say I like either one, and I would have to agree with Roy Kelley on this one & say no. Also agree with Bob "RealMan" Timm and say let's get something more constructive to spell out what we are doing here.

Dec 17, 2018 06:23 AM
Rainmaker
3,298,039
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

It states buyer broker agreement, so most people would assume it is a buyer broker agreement

Dec 17, 2018 05:33 AM
Rainmaker
577,189
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

The printing was too small so I could not read it very well... but I know the Buyer Representation Agreement I use, is a two page document  and once a Buyer signes it (after I explain FULLY what it means) they become my "client" and I owe my Fiducirary Responsibility to them... just like when a Seller signs a Listing Agreement... 

Dec 17, 2018 05:31 AM
Rainmaker
832,418
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Maybe. Buyers need to be told that they can enter any expiration date they want on these forms. Maybe they want to see only 1 house, and can have form expire in one day, or maybe they want to test an agent out for a week or 2.

Dec 17, 2018 05:22 AM
Rainmaker
4,742,205
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Fred, I was thinking Florida had forms very similar to ours in CO.   Things must have changed.   Your buyer agency forms are nothing like ours.

Dec 20, 2018 10:14 AM
Rainmaker
3,985,813
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Anything official looking could make one think they were represented

Dec 19, 2018 06:57 PM
Rainmaker
806,837
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

"Exclusive right" I think are the key words here, so the answer is yes, would expect all the loyalties. 

Dec 18, 2018 11:30 AM
Rainmaker
907,123
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

I have "A potential" customer, I'm working with "A potential buyer" - it's all so shady Fred Griffin  - the slip of a simple word and WAM - fine :(

Dec 17, 2018 04:47 PM