![]() ![]() It would not surprise this author if at least one judge in Colorado disagreed with the conclusion of last month’s column. Law suits begin in the mind of an unhappy person. ![]() The listing broker might only be exonerated after a law suit. While the law is fairly clear that the broker had no liability to the buyer, the seller might have a different recollection of the seller’s choice not to ask the buyer about the buyer’s need to sell her existing home. Both the buyer and the seller are likely to have a poor impression of the broker. The seller might have a harder time than the seller expects getting the buyer’s earnest money. While the broker didn’t do anything legally wrong, the end result was undesirable: The broker didn’t get a commission. Last month’s article considered a transaction (discussed below) which did not close. Yet while this option is available to licensees and sellers, is the option desirable? This is a specific example of the general phenomenon that brokers may work on a transaction as an agent of one party and assist the other unrepresented party with the ministerial tasks identified in Real Estate Commission Rule E-33, without establishing a transaction-broker or other brokerage relationship with the unrepresented party. Pickle in the Middle or Gladiator on One Side?īrokers may sell their own listings while remaining a seller’s agent. Residential Property Management Agreement. ![]() Rental Application Fairness Act Compliance Packet. ![]()
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