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    NDA Packet Includes:

    1. Non-Disclosure Agreement
    2. Confidential Buy/Investor Profile
    3. Q&A Working With Real Estate Agents (NC)
    4. NC Working With Real Estate Agents Disclosure
    5. SC Disclosure of Real Estate Brokerage Relationship

    You will receive a pdf by email of your completed NDA Packet after submission.

     Click "Next" to continue

  • CONFIDENTIAL BUYER/INVESTOR PROFILE

    CONFIDENTIAL BUYER/INVESTOR PROFILE

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  • NON-DISCLOSURE/NON-CIRCUMVENTION AGREEMENT

    The undersigned hereby agrees not to discuss or disclose to any third party and to keep completely confidential all names of any corporation, organizations, individuals or groups of individuals introduced by Asset Marketing Brokers, Inc. The undersigned further agrees not to disclose any facts learned about the businesses to any third party, including employees, customers, suppliers, or other prospective buyers. The undersigned is authorized to disclose this information to their attorney and/or accountant so long as these professional counsels are apprised of the confidential nature of the information and their agreement obtained to protect the confidentiality. The information and/or records about these businesses obtained by the undersigned shall not be used for competitive use in any business, present, or future. It is understood that information disclosed to others could cause a loss of business, and/or create injury in employee/employer relationships.

    The undersigned agree that Broker, or its Agent, in bringing Buyer(s) and Seller(s) together has fulfilled its primary brokerage function and that Buyer(s) agree to hold Broker, its Agent, and Attorneys harmless from any liability arising out of the sale of businesses discussed with Buyer(s).

    The undersigned understands that Broker is representing and is to be compensated by the Seller and that Buyer is not responsible for the Broker's commission unless otherwise agreed to in a Buyer's Broker Agreement. However, should the undersigned release any information about the businesses the Broker has listed to any third party, and that party subsequently purchases any of those businesses without going through the Broker, the undersigned agree to pay as consideration to Asset Marketing Brokers, Inc. an amount equal to the actual commission due Broker. This paragraph shall remain in force for a period of three hundred sixty five (365) days.

    The undersigned or his representative further agrees, promises and pledges that neither it nor any principals, officers, or agents shall circumvent and further shall not make any contact directly or indirectly or attempt to otherwise deal with any sources being revealed by Asset Marketing Brokers, Inc. Should any circumvention or contact be made with the source revealed by Asset Marketing Brokers, Inc. and should this contact or circumvention result in a sale, merger, or exchange of the business/property in question, the undersigned agree to pay as consideration an amount equal to the actual commission due Broker.

    The undersigned agrees to provide upon request by Broker, personal and/or corporate financial statements giving evidence of sufficiency to consummate the purchase of the business described herein. Should purchaser, upon examination choose not to proceed further in an acquisition, the undersigned agrees to promptly return to Broker (without reproduction in whole or in part) all documentation loaned to Buyer by Broker or Seller.

    Please accept our sincerest appreciation for your selection of our brokerage service. The transaction, which you are contemplating, will naturally involve a variety of financial statements and legal documents that bear significantly on your decisions. Our firm does not intend to represent that any of the financial statements or any other material or information supplied by the seller or its agent have been inspected, verified, or approved by us. It is because we recognize the significance of this data that we recommend an independent certified audit by an accountant of your choice. In addition, for your protection, we request that your legal counsel be available to assist you throughout the transaction.

    AGREED TO AND ACCEPTED ON DATE SIGNED:

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  • The following Q&A brochure and Working with Real Estate Agents Disclosure Form is NOT a contract but provides information regarding real estate agent relationships & services and is mandated by North Carolina. Please review the material and sign the Working with Real Estate Agents Disclosure Form to acknowledge receipt. We will have an indepth discussion when we talk or meet.

  • A PUBLICATION OF THE NORTH CAROLINA REAL ESTATE COMMISSION

    Questions and Answers on:

    WORKING WITH REAL ESTATE AGENTS

    When buying or selling real estate, you may find it helpful to have a real estate agent assist you. Real estate agents can provide many useful services and work with you in different ways. In some real estate transactions, the agents work only for the seller. In other transactions, the seller and buyer may each have their own agents. And sometimes the same agent or firm works for both the buyer and the seller in the same transaction. It is important for you to know whether an agent is representing you as your agent or simply assisting you while acting as an agent of the other party.

    Do not share any confidential information with a real estate agent or assume that the agent is acting on your behalf until you have entered into a written agreement with the agent to represent you. Otherwise, the agent can share your confidential information with others and this could hurt your ability to negotiate the best deal.

    To assist buyers and sellers in understanding the roles of real estate agents, the Real Estate Commission requires agents in sales transactions to (1) review a “Working With Real Estate Agents Disclosure” with you at first substantial contact - before asking for or receiving your confidential information and (2) give you a copy of the Disclosure form after you sign it. The Disclosure form is for your education and protection and is not a contract.

    This Q&A brochure assumes that you are a prospective buyer or seller and answers common questions about the various types of agency relationships that may be available to you. It should help you:

    • decide which relationship you want to have with a real estate agent
    • give you useful information about the various services real estate agents can provide buyers and sellers
    • explain how real estate agents are paid

    IMPORTANT NOTE ABOUT RACIAL EQUALITY AND FAIR HOUSING: The Commission is committed to the principles of excellence, fairness, and respect for all people. It is our goal to ensure that brokerage activities are conducted in fairness to all and to end discrimination in the sale or rental of all real estate. In residential sales and rental transactions, agents must comply with the Fair Housing Act which prohibits discrimination on the basis of the race, color, religion, sex, national origin, handicap, or familial status of any party or prospective party. For more information on the NC Fair Housing Act, you may visit https://www.oah. nc.gov/civil-rights-division/housing-discrimination.

    Q: What does the word, “agency,” mean?
    A: The relationship between a real estate agent and the buyer or seller who hires the agent is referred to as an agency relationship, because the real estate agent acts on behalf of (i.e. as an agent for) the buyer or seller (the “client” In an agency relationship, the agent has certain duties and responsibilities to their client.

    Q: What is an agency agreement?
    A: An agency agreement is a contract between you and a real estate firm that authorizes the firm and its agents to represent you. The agency agreement between buyers and agents is typically called a “Buyer Agency Agreement”; between sellers and agents, a “Listing Agreement.” Be sure to read and understand the agency agreement before you sign it. If you do not understand it, ask the agent to explain it. If you still do not understand, you may want to consult an attorney before signing the agreement. Your agent must give you a copy of the agreement after you sign it.

    Q: Is there a “standard” length of time for agency agreements?
    A: No. The term or length of an agency agreement is nego- tiable. Real estate agents are allowed to determine their own policies for the lengths of their agency agreements. However, a prospective buyer or seller may request a different length of time than proposed by an agent. If an agreement cannot be reached with the agent, the buyer or seller may seek another real estate agent willing to agree to a different length of time. Every agency agreement must have a definite expiration date.

    Q: Is there a “standard” fee for real estate agents?
    A: No. The amount or percentage of an agent’s compensation is negotiable. Real estate firms are allowed to determine their own compensation policies. However, a prospective buyer or seller may request a different fee. If an agreement cannot be reached with the agent, the buyer or seller may seek another real estate agent willing to agree to a different fee.

    Q&As for SELLERS

    Q: I want to sell my property. What do I need to know about working with real estate agents?
    A: If you own real estate and want to sell it, you may want to “list” your property for sale with a real estate firm. If so, you will sign a written “listing agreement” authorizing the firm and its agents to represent you as your “listing” agent in your dealings with buyers. The real estate firm must enter into a written listing agreement with you before it is allowed to begin marketing or showing your property to prospective buyers or taking any other steps to help you sell your property. The listing firm may ask you to allow agents from other firms to show your property to their buyer-clients.

    Q: What are a listing agent’s duties to a seller?
    The listing firm and its agents must • promote your best interests • be loyal to you • follow your lawful instructions • provide you with all material facts that could influence your decisions • use reasonable skill, care and diligence, and • account for all monies they handle for you. Once you have signed the listing agreement, the firm and its agents may not give any confidential information about you to prospective buyers or their agents during the agency relationship without your permission. But until you sign the listing agreement, you should avoid telling the listing agent anything you would not want a buyer to know.  

    Q: What services might a listing agent provide?
    A: To help you sell your property, a listing firm and its agents will offer to perform a number of services for you. These may include •  helping you price your property  •  advertising and marketing your property  •  giving you all required property disclosure forms for you to complete  •  negotiating for you the best possible price and terms  •  reviewing all written offers with you and  •  otherwise promoting your interests.

    Q: How is the listing firm compensated?
    A: For representing you and helping you sell your property, you will pay the listing firm a sales commission or fee. The listing agreement must state the amount or method for determining the sales commission or fee and whether you will allow the firm to share its sales commission with agents representing the buyer.

    Q: If I list my property with a real estate firm that also represents a buyer who wants to buy my property, what happens then?
    A: You may permit the listing firm and its agents to represent you and a buyer at the same time. This would mean that the real estate firm and all of its agents would represent you and the buyer equally. This “dual agency relationship” will happen if an agent with your listing firm is working as a buyer’s agent with someone who wants to purchase your property. If you have not already agreed to a dual agency relationship in your listing agreement and this is acceptable to you, your listing agent will ask you to amend your listing agreement to permit the firm to act as agent for both you and the buyer. Any agreement between you and a firm that permits dual agency must be put in writing no later than the time the buyer makes an offer to purchase. Both you, as seller, and the buyer must consent in writing to dual agency.

    Q: What is the risk if I agree to dual agency?
    A: Dual agency creates a potential conflict of interest for the firm that represents you, since its loyalty is divided between you and the buyer. It is especially important that you have a clear understanding of what your relationship is with the firm and with the firm’s individual agents, since all of them are dual agents. A dual agent must treat buyers and sellers fairly and equally and cannot help one party gain an advantage over the other party. Although each dual agent owes both their buyer and seller client the same duties, buyers and sellers can prohibit dual agents from divulging certain confidential information about them to the other party.

    Q: How can I reduce the risk if dual agency occurs?
    A: To minimize conflicts of interest, some firms also offer a form of dual agency called “designated dual agency” where one agent in the firm represents only the seller and another agent represents only the buyer. The firm and the firm’s other agents remain in dual agency. This option (when offered by a firm) may allow each “designated agent” to more fully represent each party. Under designated dual agency, each agent designated to represent the buyer is prohibited from disclosing (1) that the buyer may agree to any price or terms other than those established by the buyer, (2) the buyer’s motivation for buying, or and (3) any information the buyer has identified as confidential, unless otherwise required by statute or rule.

    Q: Can I sell my property without hiring a real estate agent?
    A:Yes. In that case, you would be an unrepresented seller often referred to as For Sale By Owner or "FSBO". If you are selling without hiring an agent, then any agent involved in your transaction would be representing only the buyer. Do not share any confidential information with the buyer's agent. If the agent for the buyer asks you for compensation and you are willing to pay the agent, then you should enter into a written agreement that clearly expresse the terms and conditions of your obligation to pay the agent.

    Q: What happens if the listing agreement expires?
    A: If the listing agreement expires after you enter into a contract to sell your property, then the listing agent and firm may continue representing you through the date of the closing and you may be responsible for compensating the listing firm in accordance with the provisions of the listing agreement. If the listing agreement expires without your property going under contract, then the listing agent/firm must immediately stop marketing your property unless you first enter into a new listing agreement with the firm.

    Q&As for BUYERS

    Q: I want to buy real estate. What do I need to know about working with real estate agents?
    A: When buying real estate, you may have several choices as to how you want a real estate firm and its agents to work with you. For example, you may want them to represent only you (as a buyer agent). You may be willing for them to represent both you and the seller at the same time (as a dual agent). Or you may agree to let them represent only the seller (seller’s agent or subagent). Some agents will offer you a choice of these services. Others may not.

    Q: What are a buyer agent’s duties to a buyer?
    A: If the real estate firm and its agents represent you, they must •  promote your best interests •  be loyal to you  •  follow your lawful instructions  •  provide you with all material facts that could influence your decisions  •  use reasonable skill, care and diligence, and  •  account for all monies they handle for you. Once you have agreed (either orally or in writing) for the firm and its agents to be your buyer agent, they may not give any confidential information about you to sellers or their agents during the agency relationship without your permission. But until you make this agreement with your buyer agent, you should avoid telling the agent anything you would not want a seller to know.

    Q: Must a buyer have a written agency agreement with the agent who represents the buyer?
    A: To make sure that you and the real estate firm have a clear understanding of what your relationship will be and what the firm will do for you, you may want to have a written agreement when you first begin working with an agent. However, some firms may be willing to represent and assist you initially as a buyer agent without a written agreement. But if you decide to make an offer to purchase a particular property, the agent must enter into a written agency agreement with you before making a written or oral offer for you. If you do not sign the agency agreement, then the agent can no longer represent and assist you and is no longer required to keep information about you confidential.

    Q: What services might a buyer agent provide?
    A: Whether you have a written or unwritten agreement, a buyer agent will perform a number of services for you. These may include helping you  •  find a suitable property  •  arrange financing  •  learn more about the property and  •  otherwise promote your best interests.  If you have a written agency agreement, the agent can also help you prepare and submit a written offer to the seller.

    Q: How is a buyer agent compensated?
    A: A buyer agent can be compensated in different ways. For example, you can pay the agent out of your own pocket. Or the agent may seek compensation from the seller or listing firm first, but require you to pay if the listing firm refuses. Whatever the case, be sure your compensation arrangement with your buyer agent is clearly indicated in a buyer agency agreement before you make an offer to purchase property and that you carefully read and understand the compensation provision.

    Q: What happens if I want to buy a property listed  by the same agent or firm that represents me?
    A: You may permit an agent or firm to represent you and the seller at the same time. This would mean that the real estate firm and all of its agents would represent you and the seller equally. This “dual agency relationship” will happen if you become interested in buying a property listed with your agent’s firm. If you have not already agreed to a dual agency relationship in your (written or oral) buyer agency agreement and this is acceptable to you, then your buyer agent will ask you to amend the buyer agency agreement or sign a separate agreement or document permitting his or her firm to act as agent for both you and the seller. Any agreement between you and an agent that permits dual agency must be put in writing no later than the time you make an offer to purchase. Both the seller, and you, as buyer, must consent in writing to dual agency.

    Q: What is the risk if I agree to dual agency?
    A: Dual agency creates a potential conflict of interest for the firm that represents you since its loyalty is divided between you and the seller. It is especially important that you have a clear understanding of what your relationship is with the firm and all of its individual agents, since all of them are dual agents. This can best be accomplished by putting the agreement in writing at the earliest possible time and asking any questions that you may have. A dual agent must treat buyers and sellers fairly and equally and cannot help one party gain an advantage over the other party. Although each dual agent owes both their clients the same duties, buyers and sellers can prohibit dual agents from divulging certain confidential information about them to the other party.

    Q: How can I reduce the risk if dual agency occurs?
    A: To minimize conflicts of interest, some firms also offer a form of dual agency called “designated dual agency” where one agent in the firm represents only the seller and another agent represents only the buyer.  The firm and the firm’s other agents remain in dual agency. This option (when offered by a firm) may allow each “designated agent” to more fully represent each party. Under designated dual agency, each agent designated to represent the buyer is prohibited from disclosing (1) that the buyer may agree to any price or terms other than those established by the buyer, (2) the buyer’s motivation for buying, or and (3) any information the buyer has identified as confidential, unless otherwise required by statute or rule.

    Q: What happens if the buyer agency agreement expires?
    A: If the buyer agency agreement expires after you entered into a contract to purchase a property, then your agent may continue to represent you through the date of the closing and you may be responsible for compensating the firm in accordance with the provisions of the buyer agency agreement. If you are not under contract to buy a property when your buyer agency agreement expires, then your agent must immediately stop representing you unless you first enter into a new buyer agency agreement with the agent.

    Q: Can I buy real estate without hiring a real  estate agent?
    A: Yes. If the real estate agent or firm that you contact does not offer buyer agency or you do not want them to act as your buyer agent, you can still work with the firm and its agents. However, they will be acting as the seller’s agent (or “subagent”). The agent can still help you find and purchase property and provide many of the same services as a buyer’s agent. The agent must be fair with you and report any “material facts” (defects such as a leaky roof) about properties. But remember, the agent represents the seller—not you—and therefore must try to obtain for the seller the best possible price and terms for the seller’s property and cannot give you advice on buying the property if it will conflict with the seller’s interests. Furthermore, a seller’s agent is required to give the seller any information about you (even personal, financial or confidential information) that would help the seller in the sale of his or her property. Agents must tell you in writing if they are sellers’ agents before they ask you about anything that can help the seller. But until you are sure that an agent represents you and is not a seller’s agent, you should avoid saying anything you do not want a seller to know.

    Q: If I am an unrepresented buyer, who pays the real estate agent?
    A: Unless you agree otherwise, seller’s agents are compensated by the sellers.

    Q: Can the real estate agent who represents the seller require me to hire an agent to represent me?
    A: No. While it may benefit you to hire an agent, there is no law requiring a buyer to hire a real estate agent to buy real estate.

    Termination of Agency Agreements

    Q: If I hire a real estate agent or firm to represent me, can I terminate the agency agreement before it expires?
    A: Maybe. An agency agreement is a contract between a buyer or seller and a real estate firm. Most agency agreements do not contain a provision allowing a buyer or seller to terminate the agreement before it expires without the consent of the other party. Generally, one party cannot terminate the agreement without the consent of the other party. If you and the firm both agree to terminate the agreement, then you both should sign a written agency termination agreement. If the agent asks for compensation in exchange for terminating the agreement, then you can agree or disagree or try to negotiate the amount of compensation. If an agency agreement contains a penalty or fee for early termination, the provision specifying the penalty or fee must be set forth in a clear and conspicuous manner. If you are not able to reach an agreement on the termination of the agency agreement, then you may consult your own attorney or simply wait until the agency agreement expires. The Real Estate Commission does not have the authority to terminate agency agreements or to force a real estate agent to terminate an agreement.

    (Note: This brochure is for informational purposes only and does not constitute a contract for service.)

  • This form is required for use in all sales transactions, including residential and commercial. 

    Working With Real Estate Agents Disclosure
    (For Buyers)

    IMPORTANT
    This form is not a contract. Signing this disclosure only means you have received it.

    • In a real estate sales transaction, it is important that you understand whether an agent represents you.
    • Real estate agents are required to (1) review this form with you at first substantial contact - before asking for or receiving your confidential information and (2) give you a copy of it after you sign it. This is for your own protection.
    • Do not share any confidential information with a real estate agent or assume that the agent is acting on your behalf until you have entered into an agreement with the agent to represent you. Otherwise, the agent can share your confidential information with others.

     Note to Agent: Check all relationship types below that may apply to this buyer.

    _____ Buyer Agency: If you agree, the agent who gave you this form (and the agent's firm) would represent you as a buyer agent and be loyal to you. You may begin with an oral agreement, but your agent must enter into a written buyer agency agreement with you before making a written offer or oral offer for you. The seller would either be represented by an agent affiliated with a different real estate firm or be unrepresented.

    _____ Dual Agency: Dual agency will occur if you purchase a property listed by the firm that represents you. If you agree, the real estate firm and any agent with the same firm (company), would be permitted to represent you and the seller at the same time. A dual agent's loyalty would be divided between you and the seller, but the firm and its agents must treat you and the seller fairly and equally and cannot help you gain an advantage over the other party.*

    _____ Designated Dual Agency: If you agree, the real estate firm would represent both you and the seller, but the firm would designate one agent to represent you and a different agent to represent the seller. Each designated agent would be loyal only to their client.*

    *Any agreement between you and an agent that permits dual agency must be put in writing no later than the time you make an offer to purchase.

    __X__ Unrepresented Buyer (Seller subagent): The agent who gave you this form may assist you in your purchase, but will not be representing you and has no loyalty to you. The agent will represent the seller. Do not share any confidential information with this agent.

    Note to Buyer: For more information on an agent's duties and services, refer to the NC Real Estate Commission's "Questions and Answers on: Working With Real Estate Agents" brochure at ncrec.gov (Publications, Q&A Brochures) or ask an agent for a copy of it.

    This form is not a contract. Signing this disclosure only means you have received it.

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  • The following South Carolina Disclosure of Real Estate Brokerage Relationships form is NOT a contract but provides information regarding real estate agent relationships & services and is mandated by South Carolina. Please review the form and sign to acknowledge receipt. We can have an indepth discussion when we talk or meet.

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  • SOUTH CAROLINA DISCLOSURE OF REAL ESTATE BROKERAGE RELATIONSHIP

    Pursuant to South Carolina Real Estate License Law in S.C. Code of Laws Section 40-57-370, a real estate licensee is required to provide you a meaningful explanation of agency relationships offered by the licensee's brokerage firm. This must be done at the first practical opportunity when you and the licensee have substantive contact.

    Before you begin to work with a real estate licensee, including being shown a home (or any property), it is important for you to know the difference between a broker-in-charge and associated licensees. The broker-in- charge is the person in charge of a real estate brokerage firm. Associated licensees may work only through a broker-in-charge. In other words, when you choose to work with any real estate licensee, your business relationship is legally with the brokerage firm and not with the associated licensee.

    A real estate brokerage firm and its associated licensees can provide buyers and sellers valuable real estate services, whether in the form of basic customer services, or through client-level agency representation. The services you can expect will depend upon the legal relationship you establish with the brokerage firm. It is important for you to discuss the following information with the real estate licensee and agree on whether in your business relationship you will be a customer or a client.

    You Are a Customer of the Brokerage Firm

    South Carolina license law defines customers as buyers or sellers who choose NOT to establish an agency relationship. The law requires real estate licensees to perform the following basic duties when dealing with any real estate buyer or seller as customers: present all offers in a timely manner, account for money or other property received on your behalf, provide an explanation of the scope of services to be provided, be fair and honest and provide accurate information, provide limited confidentiality, and disclose "material adverse facts" about the property or the transaction which are within the licensee's knowledge.

    Unless or until you enter into a written agreement with the brokerage firm for agency representation, you are considered a "customer" of the brokerage firm, and the brokerage firm will not act as your agent. As a customer, you should not expect the brokerage firm or its licensees to promote your best interest.

    Customer service does not require a written agreement; therefore, you are not committed to the brokerage firm in any way unless a transaction broker agreement or compensation agreement obligates you otherwise.

    Transaction Brokerage
    A real estate brokerage firm may offer transaction brokerage in accordance with S.C. Code of Laws Section 40-57-350. Transaction broker means a real estate brokerage firm that provides customer service to a buyer, a seller, or both in a real estate transaction. A transaction broker may be a single agent of a party in a transaction giving the other party customer service. A transaction broker also may facilitate a transaction without representing either party. The duties of a brokerage firm offering transaction brokerage relationship to a customer can be found in S.C. Code of Laws Section 40-57-350(L)(2).

    You Can Become a Client of the Brokerage Firm
    Clients receive more services than customers. If client status is offered by the real estate brokerage firm, you can become a client by entering into a written agency agreement requiring the brokerage firm and its associated licensees to act as an agent on your behalf and promote your best interests. If you choose to become a client, you will be asked to confirm in your written representation agreement that you received this agency relationships disclosure document in a timely manner.

    A seller becomes a client of a real estate brokerage firm by signing a formal listing agreement with the brokerage firm. For a seller to become a client, this agreement must be in writing and must clearly establish the terms of the agreement and the obligations of both the seller and the brokerage firm which becomes the agent for the seller.

    A buyer becomes a client of a real estate brokerage firm by signing a formal buyer agency agreement with the brokerage firm. For a buyer to become a client, this agreement must be in writing and must clearly establish the terms of the agreement and the obligations of both the buyer and the brokerage firm which becomes the agent for the buyer.

    If you enter into a written agency agreement, as a client, the real estate brokerage has the following client- level duties: obedience, loyalty, disclosure, confidentiality, accounting, and reasonable skill and care. Client-level services also include advice, counsel and assistance in negotiations.

    Single Agency
    When the brokerage firm represents only one client in the same transaction (the seller or the buyer), it is called single agency.

    Dual Agency
    Dual agency exists when the real estate brokerage firm has two clients in one transaction - a seller client and a buyer client. At the time you sign an agency agreement, you may be asked to acknowledge whether you would consider giving written consent allowing the brokerage firm to represent both you and the other client in a disclosed dual agency relationship.

    Disclosed Dual Agency
    In a disclosed dual agency, the brokerage firm's representation duties are limited because the buyer and seller have recognized conflicts of interest. Both clients' interests are represented by the brokerage firm. As a disclosed dual agent, the brokerage firm and its associated licensees cannot advocate on behalf of one client over the other, and cannot disclose confidential client information concerning the price negotiations, terms, or factors motivating the buyer/client to buy or the seller/client to sell. Each Dual Agency Agreement contains the names of both the seller client(s) and the buyer client(s) and identifies the property.

    Designated Agency
    In designated agency, a broker-in-charge may designate individual associated licensees to act solely on behalf of each client. Designated agents are not limited by the brokerage firm's agency relationship with the other client, but instead have a duty to promote the best interest of their clients, including negotiating a price. The broker-in- charge remains a disclosed dual agent for both clients, and ensures the assigned agents fulfill their duties to their respective clients. At the time you sign an agency agreement, you may be asked to acknowledge whether you would consider giving written consent allowing the brokerage firm to designate a representative for you and one for the other client in a designated agency. Each Designated Agency Agreement contains the names of both the seller client(s) and the buyer client(s) and identifies the

    It's Your Choice
    As a real estate consumer in South Carolina, it is your choice as to the type and nature of services you receive.

    • You can choose to remain a customer and represent yourself, with or without a transaction broker
    • You can choose to hire the brokerage firm for representation through a written agency agreement. 
    • If represented by the brokerage firm, you can decide whether to go forward under the shared services of dual agency or designated agency or to remain in single agency.

    If you plan to become a client of a brokerage firm, the licensee will explain the agreement to you fully and answer questions you may have about the agreement. Until you enter into a representation agreement with the brokerage firm, you are considered a customer and the brokerage firm cannot be your advocate, cannot advise you on price or terms, and only provides limited confidentiality unless a transaction broker agreement obligates the brokerage firm otherwise.

    By signing this disclosure, you do not agree to pay a commission or any other compensation to a brokerage firm. The brokerage firm will not receive compensation from any source for showing homes or property to you as a customer without a separate written agreement. The amount, rate, and source of any compensation paid to a brokerage firm will be contained in a separate written agreement. The brokerage firm may not receive compensation from any source that exceeds the amount or rate agreed to in their agreement with a buyer or seller, except with full knowledge and written consent to all parties. Commissions are fully negotiable and not set by law.

    The choice of service belongs to you -- the South Carolina Consumer.

    Acknowledgement of Receipt:

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