Understanding Agency Relationships

As required by Oregon law (OAR 863-015-0215), all real estate brokers must provide consumers with the Initial Agency Disclosure Pamphlet at first contact. This guide explains how Realty Net LLC's flat fee MLS listing services work within Oregon's agency framework, helping you understand exactly what type of representation you'll receive.

View the Oregon Initial Agency Disclosure Pamphlet →

What is an Agency Relationship?

An agency relationship is a voluntary legal relationship in which a licensed real estate broker agrees to act on behalf of a buyer or seller in a real estate transaction. Oregon recognizes three types of agency relationships:

How Realty Net LLC's Services Work

Realty Net LLC offers different levels of representation depending on the service you choose. Understanding the difference between Limited Representation and Full Representation is important when selecting the right service for your needs.

Both levels establish an agency relationship where we owe you duties as your Seller's Agent. The difference is the scope of services we provide under that relationship.

Our Duties to You as Your Seller's Agent

Oregon law requires us to fulfill specific duties to you as our client:

• Honesty and Good Faith: We deal honestly with you and all parties in every transaction.
• Timely Communication: We present all written offers and communications promptly.
• Material Fact Disclosure: We disclose material facts known to us that aren't readily apparent.
• Reasonable Care: We exercise reasonable care and diligence in our services.
• Loyalty: We won't take action adverse to your interests.
• Confidentiality: Your pricing strategy, motivation, and financial details remain confidential.
• Conflict Disclosure: We disclose any conflicts of interest immediately.

MLS Listing Services

All of our MLS listing packages establish a Seller's Agent relationship. However, the type of representation differs based on the service level you choose.

Limited Representation Services

With our Flat Fee MLS and Agent Assist packages, you sign a Limited Representation Agreement. We provide MLS entry and specified services, but you handle your own transaction. This is ideal for sellers who want MLS exposure while maintaining control of their sale.

Full Representation Service

With our Discount Full Service package, you sign a Limited Full Service Listing Agreement. We act as your exclusive listing agent and represent you through the entire sale, from listing to closing.

Support Services (No Agency Representation)

In addition to our listing services, we offer support services that do not establish an agency relationship. With these services, we provide expertise and assistance, but we are not acting as your agent or representing you in a fiduciary capacity.

Understanding Dual Agency (Disclosed Limited Agency)

In most transactions, we represent only you as the seller. However, with our Discount Full Service Listing, there are situations where dual agency—called "Disclosed Limited Agency" in Oregon—may occur. This is when we represent both you and the buyer in the same transaction.

What Happens in a Dual Agency Situation?

Oregon law requires written consent from all parties before we can act as a Disclosed Limited Agent. If dual agency applies to your situation:

1. We will disclose the situation clearly before proceeding and explain what it means for you.
2. You must provide written consent acknowledging the dual representation.
3. Our duties change: While we still owe duties to both parties, we cannot advocate for one party over the other.
4. Confidentiality is limited: We cannot share either party's confidential information with the other (like your bottom-line price or the buyer's maximum offer).
5. You can decline: You always have the right to refuse dual agency. The buyer would then need to find their own representation or proceed unrepresented.

Dual Agency Compensation

As stated in our Limited Full Service Listing Agreement, if we also represent the Buyer in the same transaction—whether the Buyer was procured by us or by you—an additional 1% of the final sale price applies. This dual agency fee compensates us for the added coordination, documentation, and potential liability involved in representing both parties.

Your Rights in Dual Agency

• We will never pressure you to accept dual agency—it's always your choice
• We must disclose any conflicts of interest in writing
• We cannot take action that favors one party over another
• Your confidential information remains protected
• You can consult with an attorney before agreeing to dual agency

Important Distinctions

Working with Buyer's Agents

When a buyer's agent brings a buyer to your property, that agent represents the buyer's interests, not yours. This is normal and expected. The buyer's agent's job is to get the best deal for their client. Your job (with our support) is to negotiate in your best interest.

Unrepresented Buyers

If a buyer contacts you directly without their own agent, we remain your agent only. We do not represent the buyer. We can provide them factual information about the property, but our loyalty and duties remain with you.

Confidential Information

We will never disclose to buyers or their agents:

• The lowest price you'll accept
• Your motivation for selling
• Your financial situation
• Any terms you'd accept that differ from your listing
• Any other information that could weaken your negotiating position

Your Responsibilities as a Seller

While we represent your interests, Oregon law also requires sellers to:

1. Disclose Known Defects: Complete the Seller's Property Disclosure Statement honestly and thoroughly.
2. Provide Accurate Information: Give us accurate information about your property for the MLS listing.
3. Respond Promptly: Review and respond to offers in a timely manner.
4. Honor Your Agreements: Fulfill the terms of any accepted purchase agreement.