Agency



Prior to preparing any contract, Hawaii law requires real estate licenses to disclose orally or in writing to Seller and/or Buyer whom the licensee represents. The licensee could be a:

Seller's Agent Represents Seller only, unless a dual agency exists. Seller's agent owes the highest duties to Seller, including confidentiality, loyalty and utmost care.

Buyer's Agent Represents Buyer only, unless a dual agency exists. Buyer's agent owes the highest duties to Buyer, including confidentiality, loyalty and utmost care.

Seller's Subagent All licensees represent Seller only. In practice, this is no longer used in Hawaii.

Dual Agent Represents both Seller and Buyer as clients. To lessen the conflict, the dual agent plays a neutral role in negotiations and must not advance the interest of one party ahead of the other. It commonly arises when the listing agent or other licensees in the listing company have Buyer clients looking for types of property similar to Seller's listed property. Both Seller and Buyer need to sign a written agreement describing the role of the dual agent. The dual agent acts as a facilitator to bring Seller and Buyer to a common ground of understanding in the negotiations.

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