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The law of Real Estate Agency San Jose in most real estate transactions define the contractual relationship between the agent and his or her clients. Each state has its own law of real estate agency, which sets forth the duties that agents owe to their customers and what information they must make to the clients about their transactions. While each state's laws differ slightly from one another, all states have some basic rules of real estate agency which form the basic principles of the law.
Real estate agents are responsible for taking part in a transaction by negotiating terms of sale and purchase with the client. An agent may have an attorney working on the transaction or a personal representative. There are some common factors that govern the responsibilities of agents in real estate transactions, as well as other regulations that govern the profession.
Real estate agents are responsible for gathering a client's financial information and presenting the information to the client before closing on the transaction. In addition, the agents must provide all relevant documents to their customers, such as tax returns and real property documents. In some cases, agents may be required to sign documents acknowledging that the information was obtained from the client and are not provided by the agent. An agent who refuses to sign such documents is guilty of fraud.
Real estate agents are also responsible for completing any necessary forms on the client's behalf. The duties of the agent also include making sure the client's financial information complies with the state's law on real property accounting. Any forms the client signs must also be signed with the client's full permission. Additionally, the agent must make sure that any documents the client submits to a lender is accurate.
It is also important for real property agents to make sure that all forms are submitted for review. If an error is found in any document, the errors should be immediately corrected. Errors should also be brought to the attention of the court in order to avoid further legal troubles for the real estate agent. If the real property agent fails to submit any required documents or if the court finds any errors, the commission or fees for any mistakes will be deducted from the proceeds received from the sale or purchase of the real property.
Real estate agents are also responsible for ensuring that they follow up with their customers. They should always return any phone calls and emails from a customer within a reasonable amount of time after receiving them. If a customer does not respond to repeated calls and emails, the agent should contact the customer and try to work out a time when the client can return his or her call.
Another responsibility of real estate agents is to give proper and accurate information to their customers, as defined by the state's real property laws. Real estate agents must make sure that they disclose the price range of the property for sale to their customers. This includes showing the prices of comparable homes in the area, not just the asking price.
Real estate agents are required to have regular professional inspections to make sure that there are no problems with the real property, to conduct a thorough examination of the property, and to make sure that the property is secure and safe for its future use. These inspections must be performed on a regular basis in order to ensure the safety of the client.
The real estate agent's responsibility to provide advice to clients about their real estate transactions extends beyond buying or selling a home. A real estate agent is responsible for providing any necessary assistance or information regarding credit and mortgage issues.
A real estate agent is also responsible for ensuring that any documents that are submitted to a lender are accurate and complete. This includes providing copies of financial statements and letters of credit for clients to provide to the lender at closing. The real estate agent's responsibility to provide information to the lender also includes reviewing the documentation and keeping it current.
A real estate agent is also responsible for working with the lender to get the best possible price for the property. The real estate agent must inform the borrower of any possible discounts that may apply to the loan and the terms of the loan. These discounts can include a lower interest rate, extending the loan term, and giving the borrower a grace period before the closing date.