When is the agent required to disclose the nature of the agency relationship with a client?

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The requirement for disclosing the nature of the agency relationship with a client is rooted in the principles of transparency and trust that govern the real estate profession. By disclosing this information before a listing agreement is signed, the agent ensures that the client fully understands the dynamics of the relationship, including the rights and obligations that come with it.

This early disclosure allows the client to make informed decisions about their representation. It sets the stage for the professional relationship by clarifying whether the agent will act as a seller's agent, buyer's agent, or dual agent, thus helping to prevent misunderstandings that could arise later in the transaction.

While making an offer or during the first meeting might seem like reasonable times to discuss agency relationships, these moments can lead to confusion if the nature of the relationship is not established beforehand. Disclosing it after signing the listing agreement would not fulfill the obligation to inform the client at the right time, potentially leading to issues regarding agency representation. By prioritizing clarity and transparency before the actual agreement is in place, agents uphold ethical standards and foster a stronger relationship with their clients.

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