Tuesday, July 29, 2008

The Fiduciary Relationship And Your Real Estate Purchase

Fiduciary: Wikipedia:
A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence.
A fiduciary duty is the highest standard of care at either equity or law. A fiduciary (abbreviation fid) is expected to be extremely loyal to the person to whom he owes the duty (the "principal"): he must not put his personal interests before the duty, and must not profit from his position as a fiduciary, unless the principal consents. The word itself comes originally from the Latin fides, meaning faith, and fiducia, trust.

When a fiduciary duty is imposed, equity requires a stricter standard of behavior than the comparable tortious duty of care at common law. It is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary duty conflict, a duty not to be in a situation where his fiduciary duty conflicts with another fiduciary duty, and a duty not to profit from his fiduciary position without express knowledge and consent. A fiduciary cannot have a conflict of interest. It has been said that fiduciaries must conduct themselves "at a level higher than that trodden by the crowd" and that " the distinguishing or overriding duty of a fiduciary is the obligation of undivided loyalty."

Obviously, the listing agent has a fiduciary responsibility to the owner of the property they've listed.
The Listing Agent has a fiduciary requirement, by law to get "the Best Possible Price" for the property's owner. The Listing Agent, by law, cannot give a Buyer "the Best Possible Price."

When you decide to purchase a home, condo, loft, income or commercial property you deserve to have your own advocate who has your best interests in their heart.
An advocate who has a fiduciary responsibility to get you the best deal.


As the Buyer's Agent, the Stephen Sakai Network will use all the assets of Keller Williams
® Realty (we are national and international), the internet, and professional relationships and organizations, to find you the property you've been looking for.

This market has many opportunities. The Stephen Sakai Network can help you find them.
The Stephen Sakai Network saves you time, frustration, and money.
Ask for
your FREE "Buyer's Needs Analysis." Then ask Stephen about getting pre-qualified. The services of the Stephen Sakai Network are FREE for committed buyers.

May I help you with your Real Estate transaction or answer a question?
1 323 300 1133
Stephen Sakai ePRO® SRES® REALTOR®
Keller Williams® Realty Los Feliz

No comments: