Coldwell Banker Welker Real Estate
Pennsylvania Law requires Welker Real Estate, Inc., and its real estate brokers and salespersons (licensees) to advise consumers of the business relationships permitted by the Real Estate Licensing and Registration Act. This notice is provided to you here for your information. At the first contact where a substantive discussion about real estate occurs, you will be given this Consumer Notice on paper.
Pennsylvania Law requires real estate brokers and salespersons (licensees) to advise consumers of the business relationships permitted by the Real Estate Licensing and Registration Act. This notice must be provided to the consumer at the first contact where a substantive discussion about real estate occurs.
Before you disclose any information to a licensee, be advised that unless you select an agency relationship by signing a written agreement providing for such a relationship the licensee is not representing you. A business relationship of any kind will not be presumed but must be established between the consumer and the licensee.
Any licensee who provides you with real estate services owes you the following duties:
A licensee may have the following business relationships with the consumer:
Seller agency is a relationship where the licensee, upon entering into a written agreement, works only for a seller/landlord. Seller's agents owe the additional duties of:
A seller's agent may compensate other brokers as subagents if the seller/landlord agrees in writing. Subagents have the same duties and obligations as the seller's agent. Seller's agents may also compensate buyer's agents and transaction licensees who do not have the same duties and obligations as seller's agents.
If you enter into a written agreement, the licensees in the real estate company owe you the additional duties identified above under seller agency. The exception is designated agency. See the designated agency section in this notice for more information.
Buyer agency is a relationship where the licensee, upon entering into a written agreement, works only for the buyer/tenant. Buyer's agents owe the additional duties of:
A buyer's agent may be paid fees, which may include a percentage of the purchase price, and, even if paid by the seller/landlord, will represent the interests of the buyer/tenant.
If you enter into a written agreement, the licensees in the real estate company owe you the additional duties identified above under buyer agency. The exception isdesignated agency. See the designated agency section in this notice for more information.
Dual agency is a relationship where the licensee acts as the agent for both the seller/landlord and the buyer/tenant in the same transaction with the written consent of all parties. Dual agents owe the additional duties of:
In designated agency, the employing broker may, with your consent, designate one or more licensees from the real estate company to represent you. Other licensees in the company may represent another party and shall not be provided with an confidential information. The designated agent(s) shall have the duties as listed above under seller agency and buyer agency.
In designated agency, the employing broker will be a dual agent and have the additional duties of:
The designation may take place at the time that the parties enter into a written agreement, but may occur at a later time. Regardless of when the designation takes place, the employing broker is responsible for ensuring that confidential information is not disclosed.
A transaction licensee is a broker or salesperson who provides communication or document preparation services or performs other acts for which a license is required without being the agent or advocate for either the seller/landlord or the buyer/tenant. Upon signing a written agreement or disclosure statement, a transaction licensee has the additional duty of limited confidentiality in that the following information may not be disclosed:
Other information deemed confidential by the consumer shall not be provided to the transaction licensee.
Other Information about Real Estate Transactions
The following are negotiable and shall be addressed in an agreement/disclosure statement with the licensee:
Any sales agreement must contain the zoning classification of a property except in cases where the property is zoned solely or primarily to permit single family dwellings.
Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658.
I acknowledge that I have received this disclosure.
Print (Consumer) Print (Consumer)
Signed (Consumer) Signed (Consumer)
Address (Optional): Address (Optional):
Phone Number (Optional): Phone Number (Optional):
I certify that I have provided this document to the above consumer during the initial interview.
Adopted by the State Real Estate Commission at 49 Pa. Code § 35.336
(c) Licensees shall provide a copy of the entire disclosure to the consumer and shall retain the signed acknowledgment for their records for 6 months, unless the consumer and the broker have entered into a business relationship whereby the records shall be retained under § 35.286 (relating to retention and production of records).
(d) if a consumer refuses to sign the acknowledgment, licensees shall note the refusal on the acknowledgment and retain it for their records as specified in subsection (c).
The provisions of this § 35.336 issued under section 608 of the Real Estate Licensing and Registration Act (63 P. S. § 455.608).
The provisions of this § 35.336 adopted January 7, 2000, effective January 8, 2000, 30 Pa.B. 228.
This section cited in 49 Pa. Code § 35.201 (relating to definitions).
PA Broker of Record RM 040675C
Articles & Links