| John Bielefeld - Cell: 508-254-5863 Michelle D'India - Cell: 978-758-0497 | Offices located in Chelmsford, Westford, Tewksbury, Dracut, Billerica, Groton, Tyngsboro |
Before you begin working with an agent it is important to understand that Massachusetts Law provides for different types of representation and Broker/Agent relationships (or agency) for both buyers and sellers. At your first personal meeting to discuss a specific property or properties, real estate agents (brokers and sales representatives) must give you a Massachusetts Mandatory Licensee-Consumer Relationship Disclosure (Agency Disclosure) Form. The purpose of this form is to disclose the agent's relationship with you or any other party to the transaction (buyer or seller). This form is not a contract. The form also includes an explanation of the different types of agency relationships (real estate representation) such as: Definition of Agency"Agency" means a fiduciary relationship between a principal or client and an agent arising out of a brokerage agreement whereby the agent is engaged to do certain acts on behalf of the principal or client in dealings with a third party. The Professionals
DutiesA licensee or real estate agent who provides services through a brokerage agreement for a seller, landlord, buyer, or tenant is bound by the duties of:
Seller's AgentA seller can engage the services of a real estate agent to sell his property (called the listing agent) and the real estate agent is then the agent for the seller who becomes the agent's client. This means that the real estate agent represents the seller. The agent owes the seller undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate. The agent must put the seller's interests first and negotiate for the best price and terms for their client, the seller. (The seller may authorize sub-agents to represent him/her in marketing its property to buyers, however the seller should be aware that wrongful action by the real estate agent or sub-agents may subject the seller to legal liability for those wrongful actions). Buyer's AgentA buyer can engage the services of a real estate agent to purchase property and the real estate agent is then the agent for the buyer who becomes the agent's client. This means that the real estate agent represents the buyer. The agent owes the buyer undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate. The agent must put the buyer's interests first and negotiate for the best price and terms for their client, the buyer. (The buyer may also authorize sub-agents to represent him/her in purchasing property, however the buyer should be aware that wrongful action by the real estate agent or sub-agents may subject the buyer to legal liability for those wrongful actions). Sub-AgencyWhen an agent who brings a buyer for another company's listing, the buyer's representative is in effect working on behalf of the listing agent and the seller, owing them fiduciary duties equal to the seller agent. Sub-Agency is just about dead most everywhere now, as it wasn't good for the buyers and made brokers and sellers vicariously liable for the actions or errors of the buyer's representative. FacilitatorWhen a real estate agent works as a facilitator that agent assists the seller and buyer in reaching an agreement but does not represent either the seller or buyer in the transaction. The facilitator and the broker with whom the facilitator is affiliated owe the seller and buyer a duty to present each property honestly and accurately by disclosing known material defects about the property and owe a duty to account for funds. Unless otherwise agreed, the facilitator has no duty to keep information received from a seller or buyer confidential. The role of facilitator applies only to the seller and buyer in the particular property transaction involving the seller and buyer. Should the seller and buyer expressly agree a facilitator relationship can be changed to become an exclusive agency relationship with either the seller or the buyer. Designated Seller's and Buyer's AgentA real estate agent can be designated by another real estate agent (the appointing or designating agent) to represent either the buyer or seller, provided the buyer or seller expressly agrees to such designation. The real estate agent once so designated is then the agent for either the buyer or seller who becomes their client. The designated agent owes the buyer or seller undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate. The agent must put their client's interests first and negotiate for the best price and terms for their client. In situations where the appointing agent designates another agent to represent the seller and an agent to represent the buyer then the appointing agent becomes a dual agent. Consequently a dual agent cannot satisfy fully the duties of loyalty, full disclosure, obedience to lawful instructions which is required of an exclusive seller or buyer agent. The dual agent does not represent either the buyer or the seller solely only your designated agent represents your interests. The written consent for designated agency must contain the information provided for in the regulations of the Massachusetts Board of Registration of Real Estate Brokers and Salespeople (Board). A sample designated agency consent is available at the Board's website at www.mass.gov/dpl/re. Dual AgentA real estate agent may act as a dual agent representing both the seller and buyer in a transaction but only with the express and informed consent of both the seller and buyer. Written consent to dual agency must be obtained by the real estate agent prior to the execution of an offer to purchase a specific property. A dual agent shall be neutral with regard to any conflicting interest of the seller and buyer. Consequently a dual agent cannot satisfy fully the duties of loyalty, full disclosure, obedience to lawful instructions which is required of an exclusive seller or buyer agent. A dual agent does, however, still owe a duty of confidentiality of material information and accounting for funds. The written consent for dual agency must contain the information provided for in the regulations of the Massachusetts Board of Registration of Real Estate Brokers and Salespeople (Board). A sample dual agency consent is available at the Board's website at www.mass.gov/dpl/re. Before you share information with an agent about your needs, motivation, time line or financial concerns, be sure you understand whether or not that agent is working only in your best interests. This information may affect your bargaining position when negotiating a transaction. For more information regarding Real Estate Agents and Brokers please visit:MA Board of Registration of Real Estate Brokers and Sales-persons | |||||||||||||
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"Solving the foreclosure crisis one homeowner at a time."." |
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| What our clients are saying about us: |
Kary and Mi
ke Clinton, Kary and Mike - Clinton,
MA
| John helped my boyfriend and I buy our first home, and also made it as un stressful as he could. He worked with us for about four months, and he was there whenever we needed him. From calling to ask a question about a house we just saw, to pushing back plans just so we could look at a house we really liked. John goes above and beyond to make his clients happy, and treats you more like a friend than a client (which is always nice). I never wrote anything like this before and never really planed to. However if you are looking to buy or sell your home and are serious about it consider John. He helped us more than we could have ever asked for. Thank you John!! |
Ellen and Rob Spencer
| I would not hesitate to recommend John for anybody looking for a Realtor!! We were new to house buying and selling and he helped us through the whole process, calling us regularly and reminding us of what we needed to. He also made countless phone calls to the lawyers, mortgage companies etc to make sure everything was done on time. He also explained everything really clearly to us so we understood what was happening in an otherwise bewildering process!! If he did not know the answer to a question he would find out the answer within the same day. And if something needed to be delivered or signed late at night on weekends, John never let us down. Even the people we bought our house from told us that our Realtor was so much better than theirs! We now own the property of our dreams, thanks to John. He made a stressful experience go very smoothly and we would be happy to give him a glowing reference! |
Robin and Andy Fitchburg, MA
| As first time home buyers, we had many questions and concerns and really needed help! Luckily, we found John. John was extremely knowledgeable and honest. He was able to walk us through every step of the home buying process with a great deal of care and concern for our needs. He kept us informed, gave fantastic advice, and worked very hard to help us find (and close) on a beautiful home. We would of been lost without him! |
Judy Chrisemer
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When working with Michelle my experience is this: She has been such a wonderful help to me and my
family. When it came to buying and selling not only my home but also my parents home she went above and
beyond what her normal expectations would have been for a real estate agent. Her information was
invaluable, she introduced me to ideas and people who helped me not only save money but also increased
the value of my home. Michelle took the time and considered all our needs and our likes and dislikes
for both my parents as well as my children and myself. One day she called me with excitement in her
voice telling me “I think I’ve found the perfect house for you and your family!” I could not believe just how perfect this house actually was; it had everything we could have ever asked for. A ranch home with a fenced in yard along with a mother-in-law apartment down stairs, the best feature was the workshop in the back yard which was big enough for my Father to have his wood working shop and room enough for my son to work on cars. A built-in pool (my daughters wish),but most of all privacy and space enough for all. The owner accepted and due to Michelle’s help I had everything done and was moving in within a two week period of time. She new just how to handle everything and when to act which saved me time (of which I had a very little of) and money. When it comes to her clients she treats them as if they are her own family, giving 110%. If she doesn’t know the answer to a question she’ll tell you so and take the time to find out the answer. She won’t give you an answer just off the top of her head… she takes the time. When she says you can trust her she means it and that’s a very rare thing in the business world today. I refer her as often as I can even if it is only a question regarding real estate I give them her phone number because I know they will be treated with dignity and respect no matter how stupid or small the question may be. |
Mike - Ayer, MA
| While working with John, I felt as if I had someone looking out for me. John did not hesitate to point out any problems he spotted in the properties we looked at. He was more concerned about me finding the right home, and not just making a sale |
Eric - Maynard, MA
| John was great to work with. He was aggressive and honest in finding properties for us which met our needs and our budget. He was able to find us a great Townhouse which was perfect for two first-time buyers. |
Seymour and Megan Murphy
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Michelle was a great help in finding us a place in an area we were unfamiliar with. She took a vested
interest in getting us the right place for the right price since we are both just coming out of
college. Michelle kept in touch with updates and was eager to help us land the perfect first apartment.
This time we were just looking for a rental but we will certainly look to her again when we are looking
to buy. |
Copyright 2008 - Team Advantage of RE/MAX Prestige - V4.00 - 06/18/2009
John Bielefeld - Webmaster/Developer - 508-254-5863
