An individual who performs any act or engages in any transaction included in the foregoing definition of a broker, except the completion of the negotiation of any agreement or transaction which results or is intended to result in the sale, exchange, purchase, renting or leasing of any real estate. Generally refers to person without representation involved in transaction. All agents have a duty to treat customers fairly. Where seller client expressly or implicitly authorizes his broker to use other agents to market seller's property. Agent is entitled to compensation regardless of who completes transaction during the period of agreement.
Duty survives termination of agency relationship.
Duty does not apply to legally required disclosures such as known physical hazardous conditions of property. State and Federal Lead Paint Laws - require that any property where a child under six years old resides must be deleaded and property owner is responsible for compliance. Real estate licensees are required to notify all prospective purchasers and lessors about the dangers of lead paint and must inform prospective buyers about buyer's 10 day right to a lead paint inspection. The three forms available are entitled the Property Transfer Lead Paint Notification Certification form, the Tenant Lead Law Notification form, and the Tenant Lead Law Certification form. For more information about the lead paint laws, consult Massachusetts General Law Chapter 111.