You heard it here first!
Effective in October 2008, RECA (an independent, non-government agency, responsible for regulating industry professionals in the real estate, mortgage broker, and real estate appraisal industries under Alberta’s Real Estate Act), is rolling out a new model for Brokerages to operate under. Currently all brokerages operate under common law (Transaction Brokerage).
In October, brokerages may elect to operate under the Designated Agency Model.
In nutshell, what this means to the consumer is this:
For single agency transactions under Transaction Brokerage (common law), The agreements are with the brokerage, and all agents within that brokerage are deemed to have access to information which is held by the listing agent.
Under Designated Brokerage, written service agreements are required, whether for the buyer or the seller. brokerages must have legislated information barriers in place to protect the privacy of all transactions, Agents within that brokerage are deemed to operate independently, and contracts reflect these differences. Agents in Designated Agency are appointed in writing to serve as sole agent for the buyer or the seller.
Not all brokerages will be able or willing to move to Designated Brokerage depending on the size and physical layout of their office, or they may choose to remain under Transaction Brokerage as a business decision.
In either instance, an agent in conjunction with their client may opt to operate under Transaction Brokerage for any transaction. Dual Agency will be a thing of the past and agents representing both sides, may do so under Transaction Brokerage by written agreement with one side having only "Customer" status whereby they forfeit their rights under agency or in a Designated Brokerage as a Facilitator for both sides, and must conduct themselves in an even-handed, objective and impartial manner. In a Designated Brokerage, the agent may opt to refer one party to another agent within their office to act for the other side.
A Facilitator must completely avoid the exercising of discretion or judgement, the giving of confidential advice or advocating on behalf of the customer. The client or customers must decide whether they feel comfortable with this type of relationship, and if not, may elect to have another agent represent them in the transaction. In Designated Agency, the brokerage itself is in a neutral position with respect to the transaction, as as such cannot give advise beyond that of a facilitator.
Informed consent by the buyer or seller is key to the designation process.
The changes are a major shift in the way that we conduct our businesses, and will not be without it's challenges as the changes are implemented. Agency is a very complex subject, and all agents must have completed a three day study by October of 2008 to be sure that they understand all the nuances. Almost all of the standard contracts are being re-written to reflect these changes, so it would be wise to read them carefully and understand them before committing ones self to a binding relationship.
You will likely be hearing plenty more about this in the upcoming months. More information on Buyer Brokerage which by legislation must be practiced by Designated Agents is available
here.
Labels: Designated Agency, Transaction Brokerage