Finding and purchasing the right home can be difficult -- especially when you're not sure who is involved. You need to understand the role that REALTORS, principals, agents - seller's agents, subagents, buyer's agents and dual agents -- play in real estate transaction. The more informed you are, the better choices you'll make, and the sooner you'll move into your new home!
To help you understand your choices, this web site answers many basic questions.
For in-depth answers to your specific needs, call
The following are descriptions of the types of real estate licensees:
A broker is a person who has passed an exam and proven the necessary experience to earn the designation and is licensed by the state. A broker may practice individually or with a licensed partnership or corporation.
Generally, principal brokers serve as the representative of the licensed firm for regulatory purposes, supervising the real estate company and its licensed sales associates (associate brokers and salespersons).
An associate broker is a licensed broker who has chosen to affiliate with another licensed broker and act subject to that broker's supervision on behalf of the firm's consumer clients.
A salesperson is a licensee associated with a licensed firm who acts subject to that broker's supervision on behalf of the firm's consumer clients.
THE REALTOR® ADVANTAGE:
Not every real estate licensee is a REALTOR®. A REALTOR® has taken extra steps to become a member of an association of real estate professionals that adheres to a strict code of ethics. By working with a REALTOR®, you are ensuring that your transaction will be handled professionally, and that your rights in real estate activities are protected by the Code of Ethics.
Individual REALTORS® may work in some or all facets of a real estate transaction, acting as seller's agents, broker's agents, subagents or as dual agents. David Bronson is a licensed REALTOR® who will provide the services you need to find and purchase a new home.
A buyer's agent is a real estate agent who is employed by and represents only you, the buyer, in a transaction. Although they work exclusively for the buyer, their compensation can be paid in a number of ways -- by the buyer exclusively, the seller exclusively, or (most common) through a commission split with the seller's agent. Even if the seller or the seller's agent pays their fee, buyer's agents must always remain loyal to the buyer.
EQUAL HOUSING OPPORTUNITIES:
The sale and purchase of a home is one of the most significant events that any person will experience in their lifetime. It is more than the simple purchase of housing, for it includes the hopes, dreams, aspirations and economic destiny of those involved in it.
Equal Opportunity in Housing is the law of the land and the right of all in this country without regard to race, color, religion, sex, handicap, familial status, or national origin.
CIVIL RIGHTS ACT OF 1866:
The Civil Rights Act of 1866 provides that "All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold and convey real and personal property."
CIVIL RIGHTS ACT OF1968:
In Title VIII of the 1968 Civil Rights Act known as the Federal Fair Housing Law Congress declared a national policy of fair housing throughout the United States.
The law made illegal any discrimination in the sale, lease or rental of real property based on race, color, religion, sex or national origin. The law required that all people be treated equally with respect to the terms or conditions of sale, purchase, lease or rental and with no denial of equal housing opportunity based on race, color, religion, sex or national origin.
THE FAIR HOUSING AMENDMENTS ACT OF 1988:
The Fair Housing Amendments Act of 1988 was enacted September 13, 1988 (and became effective March 12, 1989) to strengthen the administrative enforcement provision of Title VIII of the Civil Rights Act of 1968, to add prohibitions against discrimination in housing on the basis of handicap (mental and physical) and familial status (families with children under 18), and to provide stiffer penalties for violations relating to discriminatory housing practices.
The Fair Housing Act as amended provides any complainant, aggrieved person, or respondent with an opportunity to elect not to proceed before and administrative law judge (ALJ), but to move the case to an appropriate federal district court.
The home seller, the home seeker and the real estate professional all have rights and responsibilities under the law.
FOR THE HOME SELLER:
You should know that as a home seller or landlord you have a responsibility and a requirement under law not to discriminate in the sale, rental and financing of property on the basis of race, color, religion, sex, handicap, familial status or national origin. You cannot instruct the licensed broker or salesperson acting as your agent to convey for you any limitations in the sale or rental, because the real estate professional is also bound by law not to discriminate on the basis of race, color, religion, sex, handicap, familial status or national origin.
Under the law, a home seller or landlord cannot establish discriminatory terms or conditions in the purchase or rental; deny that housing is available for inspection, sale or rent when in fact it is available or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status or national origin.
FOR THE HOME SEEKER:
You should know that you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status or national origin. It is available to you on terms and conditions which are non-discriminatory under the law.
You should know that in essence the law mandates equal professional service for all home seekers.
FOR THE REAL ESTATE PROFESSIONAL:
As a home seller or home seeker, you should know that the terms REALTOR® and REALTOR®-ASSOCIATE identify a licensed professional in real estate who is a member of the NATIONAL ASSOCIATION OF REALTORS®. Not all licensed real estate brokers and salespersons are members of the National Association, and only those who are can identify themselves as REALTOR® and REALTOR®-Associates. They conduct their business and activities in accordance with a strict Code of Ethics.
THE EQUAL OPPORTUNITY PROGRAM:
The NATIONAL ASSOCIATION OF REALTORS® has developed an Equal Opportunity Program to provide resources and guidance to REALTORS® and REALTOR®-Associates in ensuring equal professional service for all people.
THE CODE OF ETHICS:
Article 10 of the NATIONAL ASSOCIATION OF REALTORS® Code of Ethics requires that "The REALTOR® shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status or national origin. The REALTOR® shall not be a party to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status or national origin."
A REALTOR® pledges to conduct his business and activities in keeping with the spirits and letter of the Code of Ethics. Article 10 imposes obligations upon REALTORS® and REALTOR®-Associates, but it is also a firm statement of position and philosophy on housing opportunity for all people.
THE CODE FOR EQUAL OPPORTUNITY:
The NATIONAL ASSOCIATION OF REALTORS® Code For Equal Opportunity In Housing establishes a positive public position for Member Boards in fair and equal housing opportunity while providing the NationalAssociation Fair Housing Poster to comply with HUD regulations for public notice of equal opportunity in housing.
THE AFFIRMATIVE MARKETING AGREEMENT:
The Affirmative Marketing Agreement is a thorough and complete program of voluntary compliance within the real estate industry in which REALTORS® voluntarily agree to certain activities and programs to acquaint the community with the availability of equal housing opportunity, to establish office procedures to ensure that there is no denial of equal professional service, to make materials available which will explain this commitment and work with other groups in the community through the Community Housing Resource Board.
The Affirmative Marketing Agreement was accepted by the Department of Housing and Urban Development which is a "partner" in the Agreement by providing technical assistance to Member Board of REALTORS® and creating the Community Housing Resource Board.
Member Boards of REALTORS® will accept complaints alleging violations of the Code of Ethics by REALTORS® and REALTOR®-Associates filed by a homeseeker that has experienced discriminatory treatment in the availability, purchase, or rental of housing.
The Member Board of REALTORS® in your city or town can give you more information about filing andhandling of a professional standards complaint. Complaints alleging discrimination in housing may also be filed with the nearest office of the Department of Housing and Urban Development or by calling HUD's toll free number at 1-800-424-8590.
Equal opportunity in housing is an ethical principle to which REALTORS® and REALTOR®-ASSOCIATES subscribe; moreover, it is the law of the land and the right of all who reside on it.