Not-so Secret Agent Man Part Four

Today is the trickiest of trickies in regards to real estate agency. What separates a customer from a client?

Treatment of Customers as Opposed to Clients

Sometimes someone on the opposite side of your transaction will not be represented by a real estate agent, in which case your agent will give that party a notice that tells that person the agreement represents you only.

• The notice might be called a Notice of No Agency Relationship
• It will allow the agent to do certain clerical or ministerial acts for that party for your benefit
• Some examples of ministerial acts might include:

1. Talking to an inquiring consumer about availability and pricing of brokerage services (If someone calls me to inquire about my services they are NOT a client....yet)
2. Responding to phone calls from a consumer about price or location of a property (I can answer questions about my or other listings without you being constituted as a client)
3. Setting an appointment to view a property
4. Completing business or factual information on a contract for the consumer but on your behalf (This would come up in a situation where I represent a buyer purchasing an unrepresented seller aka: for sale by owner)

• If you are a customer and not a client you should receive a Notice of No Agency Relationship
• ***You should not disclose anything to the agent who is treating you as a customer that would be confidential to you, i.e. anything that might hinder your bargaining position, or anything you would not want the opposite party to know (It would really be in your best interests to NOT say what price/ terms of a potential deal would be good for you)

This is part four of a five part series on The Consumer's Guide to Real Estate Agency in Illinois. Parts one through three are below.