A real estate agent or seller works as a special agent, which is the type of broker that is most often used for a real estate agent or broker. The EUSR is a representative with only limited authority to act on behalf of the client. A special representative for real estate is only allowed to act on behalf of the client if he performs very specific transactions, and these will most likely all be clearly stated in a listing contract signed by the broker and the client. For example, most list contracts will authorize the special representative to advertise the listing of the property. All transactions that a special agent may make on behalf of his client should be defined in the contract beginning with the official trade between a real estate agent and his client. For example, if the total commission is 6% and the listing broker wants to offer 2.5% for the sales office, you might instead insist on paying 3%. Be careful, as buyers` representatives are generally compensated according to market standards. If you try to change the distribution of compensation, the listing agent may refuse with an exclusive right to sell list, a broker is designated as the seller`s sole agent and has the exclusive right to represent the property. The broker receives a commission, regardless of who sells the property, while the listing agreement is in effect. As these questions suggest, agency law often concerns three parties – the client, the agent and a third party.
These are therefore three different relationships: between the client and the agent, between the client and the third parties, as well as between the agent and the third party. These relationships can be summed up in a simple diagram (see Figure 25.1 “Agency Relations”). While the universal agency does not apply much within the real estate agency, in some situations the difference between the general agency and the special agency can be extremely important. With a special agency, the agent is only authorized by the adjudicating entity to act on its behalf in the exercise of certain activities. As a general rule, they are all carefully defined in a written contract. When the EUSR conducts transactions outside the scope of this contract, even if it benefits the contracting entity, they no longer act as agents of the contracting authority and are solely responsible for damages or illegal activities that may be related to their activities. However, when a general plenipotentiary engages in illegal activities in favour of the client, without the client being informed. B of the under-sale of a non-paying tenant, the owner of the property may continue to be held liable. There are cases where a court decides that a special agency has been transformed into a general agency relationship.
This would occur especially in cases of fraud. When a broker commits fraud on behalf of its sponsor as a special agent, it is solely responsible. However, a court may decide that the principal obligatory knew that the fraud had been committed or should have known that they were benefiting from fraud, so that the broker, although acting outside the relationship between special agents, changed into one of the general agencies and the client could also be legally held responsible for the fraud.