157hendry, Home Seller in Fort Myers, FL

What is the difference between a "seller's agent" and a "transaction agent"?

Asked by 157hendry, Fort Myers, FL Thu Aug 16, 2012

When our agent took our listing, he said he was a "seller's agent". Then about 4 mos., later, he said he was a "transaction agent" because the laws had changed...............Can someone explain this as he left it extremely vague!

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Sarah Garrett, Agent, Fort Myers, FL
Thu Aug 16, 2012
Buyers and sellers have three basic options in all real estate transactions concerning the role the real estate brokerage firm will assume for them:
1. The brokerage firm may work as a transaction broker for the buyer and/or the seller.
2. The brokerage firm may work as a single agent of either the buyer or the seller but not for both buyer and seller in the same transaction.
3. The parties may agree that the brokerage firm will not represent the buyer or the seller at all. This situation is referred to as "no brokerage relationship". The brokerage firm simply facilitates the transaction.

Your agent must have had the box for single agent checked on your listing agreement and needed to transition to a transaction broker to be able to present you with one of their buyer's offers. According to FL law effective 7/1/2003, all licensees (your listing agent for example) are presumed to be operating as transaction brokers unless single agent or no brokerage relationship is established, in writing, with the client.

A transaction broker provides limited representation to a buyer, a seller, or both in a real estate transaction, but who does not represent either party in a fiduciary capacity or as a single agent.

The duties of a transaction broker are: Deal honestly and fairly; Account for all funds; Use skill, care, and diligence in the transaction; Disclose all known facts that materially affect the value of residential real property and are not redily observable to the buyer; Present all offers and counteroffers in a timely manner; Exercise limited confidentiality, unless waived in writing by a party; Perform any additional duties that are mutually agreed to with a party.

The duties of a single agent are: Deal honestly and fairly; Loyalty (the agent as fiduciary in a transaction must not breach the undivided loyalty to the principal; Confidentiality; Obedience; Full disclosure; Account for all funds; Skill, care, and diligence in the transaction; Present all offers and counteroffers in a timely manner; Disclose all known facts that materially affect the value of residential real property and are not readily observable to the buyer.

This is an awesome market right now and homes are selling very quickly. I am just a little bit curious why your listing is still on the market after 4 months. Thanks for your question and I wish you success in selling your home.

Sarah Garrett, Realtor
"Chosen Best in Client Satisfaction 2006-2012" by Gulfshore Life Magazine
Cell: 239-464-8620
Email: sarahgarrett@argfl.com
Web Access to MLS:
1 vote
Barbara Klare, Agent, Fort Myers, FL
Fri Apr 4, 2014
The law changed in 2003! Since then transaction broker is a presumed position. Seller's agent is not a legal position but the role an licensed agent is taking upon listing a home for sale. The agent that will bring the buyer is also a transaction agent working in the position of buyer's agent. Unless your listing contract states otherwise, he is a transaction agent.
0 votes
Richard Brody, Agent, Port Washington, NY
Thu Apr 3, 2014
This largely depends on the state you are in. Some states do not recognize transaction brokerage. For example, a buyer may select being represented by a Broker's Agent, Selling Agent or Buyer's Agent.
0 votes
Dianna Dettl…, Agent, Narrowsburg, NY
Thu Aug 16, 2012
This agent still is a sellers agent. Can't just change mid stream.
There are still sellers agents and if your agent doesn't want to protect your interest then it is time to find one that will
Dianna L Gilbert
Narrowsburg, NY 12764
0 votes
Dianna Dettl…, Agent, Narrowsburg, NY
Thu Aug 16, 2012
A transaction broker will NOT negotiate on behalf of or act as an advocate of the buyer. They simply assist the buyer and seller in the transaction without any loyalty extended to either party. The one legal advantage to buyers is that the buyer is not legally responsible for the actions of transaction brokers acting within the scope of the transaction.
0 votes
Kirsten Priz…, Agent, Naples, FL
Thu Aug 16, 2012
A seller's agent is representing the seller, a transaction agent is representing both seller & buyer.
If a buyer makes an offer through your seller's agent, than your seller's agent has to present you with the form transition to transaction broker. Of course he needs your permission first. Also most "Listing Agents" take a listing already as a transaction broker.

A real estate licensee in this state may enter into a brokerage relationship as either a single agent or as a transaction broker with potential buyers and sellers. A real estate licensee may not operate as a disclosed or non-disclosed dual agent. As used here, the term "dual agent" means a broker who represents as a fiduciary both the prospective buyer and the prospective seller in a real estate transaction. Once a brokerage relationship is established, this part does not prevent a licensee from changing from one brokerage relationship to the other as long as the buyer or the seller, or both, gives written consent before the change and the appropriate disclosure of duties as provided in this part is made to the buyer or seller. This part does not require a customer to enter into a brokerage relationship with any real estate licensee.

Kirsten S. Prizzi
FL Lic Real Estate Broker
Immobilienfachwirt / Immobilienmakler
Direct: 239.248.1667
Residential & Commercial Real Estate
Email: Kirsten@RealEstateFloridaUSA.com
Location is just the beginning!
0 votes
Marc Comisar, Agent, Bonita Springs, FL
Thu Aug 16, 2012
You previously asked this same question under a different profile I believe. Contact the agents Broker and explain your situation.

0 votes
Danielle Sha…, Agent, Cape Coral, FL
Thu Aug 16, 2012
Your agent has to explain this to you and if it is not to your satisfaction get his broker involved. No laws have changed and your listing agreement determines whether you have a seller or transaction broker.
0 votes
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