Fiduciary Duties Owed Private Buyer Clients
by Florida Buyer Broker
A fiduciary is a person held in a position of trust and confidence. The exclusive buyers broker and exclusive buyers agent fiduciary duties to his or her buyer client are the highest duties known to the buyer as required by Florida Law. Florida Buyer Broker owes Single Agent fiduciary duties to the private buyer clients as follows:
Confidentiality – An exclusive buyer’s broker fiduciary duties include withholding the financial status of the buyer from the seller and his agent. The seller’s agent must tell the seller all pertinent information he has about the buyer.
Loyalty – An exclusive buyer’s broker fiduciary duties obligate the buyer’s broker to act at all times in the best interest of the buyer client, to the exclusion of all other interest including his or her own.
Obedience – An exclusive buyer’s broker fiduciary duties obligate the buyer’s broker to obey promptly and efficiently all lawful instructions on behalf of the buyer client.
Accounting for all funds – An exclusive buyer’s broker must account for all entrusted funds.
Dealing honestly – An exclusive buyer’s broker fiduciary duties require the buyer’s broker to deal honestly with all parties to the transaction.
Skill, care, and diligence – An exclusive buyer’s broker fiduciary duties require the buyer’s broker to perform with a higher standard of care concerning the private buyer client.
Presenting all offers and counteroffers – An exclusive buyer broker fiduciary duties include presenting the private buyer clients’ offer to the seller or seller’s agent in a timely manner. Except when the seller has directed their agent otherwise in writing not to present all offers. The seller may have agreed with his agent not to bring any offers under a specific price.
Disclosing all known facts – An exclusive buyer broker fiduciary duties require the exclusive buyer broker to disclose all facts they know about the property and seller to the private buyer client, pertaining to the buyer’s decision to purchase property.
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Beverly Howe has served Southwest Florida real estate buyers in Naples, Cape Coral, Fort Myers, Fort Myers Beach, Bonita Springs, Bonita Beach, Estero, Ava Maria Florida and the surrounding areas with Integrity, Loyalty, Honesty, Skill and Expertise since 1981
Beverly Howe, Owner/Broker, ABR, GRI, TRC, CIPS, MCNE, SRES, ACCRS
1031 Exchange Specialist – Graduate Institute of Luxury Home Marketing – ILHM
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