When you choose to work with a real estate licensee, he/she may or may not be "your" agent. An agent owes certain duties to a client but has a different obligation to a customer or a client of a licensee in a real estate transaction and that relationship must be established and discloses prior to beginning to work together.

An agent is the licensee who by mutual agreement will act on your direction and represent your interest above all others in a real estate transaction. Acting on your behalf, your agent will negotiate for you the best price and terms in a real estate transaction. Your agent owns utmost loyalty to you and must pass on to you any information he/she knows which might influence your decision to buy or sell.

A customer is a person who seeks to buy or sell real estate, but who does not establish an agency relationship with a licensee and is not represented by a licensee as his or her agent. As a customer you can not expect the licensee to act as your agent or to negotiate on your behalf. A licensee can provide valuable market information and services to assist you as a customer. They are obligated by law to treat customers honestly.

In certain situations, a licensee acts as an agent for and may represent the buyer and seller in the same transaction provided each has consented in writing prior to the transaction. This is called a dual agency since one agent represents both parties and both remain clients of the company. The possibility and consequences of such an occurrence must be explained to you by the licensee. Remember, working with a dual agent is not the same as having your own exclusive agent.

A client is a person who established an agency relationship with and agrees to be represented by an agent in a real estate transaction. A seller becomes a client of a real estate company by signing a formal listing agreement. A buyer becomes a client by signing a formal buyer agency agreement.

Do you want only to receive information and assistance (customer) or to represented (client)? To understand your options, discuss this with the real estate licensee with whom you are working.