Disclosed Dual Agency Sample Clauses

Disclosed Dual Agency. Due to certain events, the Broker may be required to act as the only licensee involved between the Buyer and Seller to facilitate the transaction between the parties. Under such circumstance, the Broker shall disclose to Buyer their intention to act as a disclosed dual agent or similar role. If a Seller of real property is produced by the Broker, or by a licensee in the same Agency as the Broker, the Buyer consents to the Broker acting in such a role and agrees to allow the Broker to collect compensation from the Seller or other parties. While performing this role, Broker agrees to conduct themselves in a manner that does not adversely affect the Buyer or Seller in any way, including, but not limited to, stating the Seller is willing to sell for a lesser price than the asking price, stating the Buyer is willing to pay more than an offer that is made or suggested, or disclosing any type of financial information that would negatively affect the other party. Buyer has read this Section and fully comprehends and understands the concept of Disclosed Dual Agency under the laws in the State.
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Disclosed Dual Agency. Due to certain events, the Broker may be required to act as the only licensee involved between the Seller and a Buyer to facilitate the transaction between the parties. Under such circumstance, the Broker shall disclose to the Seller their intention to act as a disclosed dual agent or similar role. If a Buyer is procured by the Broker, or by a licensee in the same the Agency as the Broker, the Seller consents to the Broker acting in such a role and agrees to allow the Broker to collect compensation from the Buyer or other parties. While performing this role, the Broker agrees to conduct themselves in a manner that does not adversely affect the Seller or Buyer in any way, including, but not limited to, stating the Seller is willing to sell for a lesser price than the Purchase Price, stating the Buyer is willing to pay more than an offer that is made or suggested, or disclosing any type of financial information that would negatively affect the other party. The Seller has read this Section and fully comprehends and understands the concept of Disclosed Dual Agency under the laws in the State. Therefore, the Seller hereby agrees to: (check one) ☐ - ALLOW Disclosed Dual Agency ☐ - NOT ALLOW Disclosed Dual Agency.
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Disclosed Dual Agency. In this type of relationship, one agent may represent both parties in a real estate transaction, 191 BUT ONLY IF BOTH PARTIES CONSENT. Disclosed dual agency is most likely to occur when both Buyer and Seller are 192 represented by the same agent. A dual agent may not disclose any confidential information that would place one party at an 193 advantage over the other party and may not disclose any of the following information without the informed consent of the party to 194 whom the information pertains: 1) that a buyer is willing to pay more than the price offered; 2) that a seller is willing to accept 195 less than the asking price; 3) motivating factors of either party for buying or selling; 4) that a party will agree to financing terms 196 other than those offered; 5) repairs or improvements Seller is willing to make as a condition of sale; and 6) or any concession 197 having an economic impact upon the transaction that either party is willing to make.
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Disclosed Dual Agency. Buyer acknowledges that the Broker also enters into contracts with the person (hereinafter referred to as "Seller") who wish to sell property. Such property is commonly known as "Company Listing". If the Buyer wishes to view one of the Broker's listings, the Broker may, with both Buyer's and Seller's consent, serve as a dual agent, after the Broker fully discloses the consequences of dual agency status. Since both Seller and Buyer have different interests to protect in the negotiation process, certain difference or conflicts may arise. Accordingly, Broker will represent both the Buyer and the Seller only with their written consent.
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Disclosed Dual Agency. In this type of relationship, one agent may represent both parties in a real estate transaction, BUT ONLY IF BOTH PARTIES CONSENT. Disclosed dual agency is most likely to occur when both the buyer and seller are represented by the same agent. A dual agent may not disclose any confidential information that would place one party at an advantage over the other party and may not disclose any of the following information without the informed consent of the party to whom the information pertains:
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Disclosed Dual Agency. In this type of relationship, one agent may represent both parties in a real estate transaction, but only if both parties consent. Disclosed dual agency is most likely to occur when both the buyer and seller are represented by the some agent If this happens, the buyer and seller must sign a dual agency disclosure statement that describes the duties and obligations of the dual agent. A dual agent may not disclose any confidential information that would place one party at an advantage over the other party and may not advocate or negotiate on behalf of either of the two parties. IN-COMPANY TRANSACTIONS An in-company transaction is one in which the seller and buyer are each represented by two separate real estate agents who both work for the same brokerage. (This is sometimes referred to as "split" agency.) In this instance, the brokerage is a dual agent representing both buyer and seller. However, the two agents can legally represent the separate interests of each of their clients. The only exception to this would be if one or both of the agents are in a management position in the brokerage. In that instance, the manager(s) would also have to be a dual agent. In instances where this "split" agency occurs the brokerage is required to objectively supervise the agents involved so they can each fulfill their duties to their respective clients and assist the parties, in an unbiased manner. However, because the brokerage is a dual agent it cannot: o Advocate or negotiate on behalf of either the buyer or seller, or o Disclose confidential information to any party or any other employee or agent of the brokerage, or o Use confidential information of one party to benefit the other party to the transaction. The disclosures in this form are required by the State of Ohio. (THIS FORM IS NOT A CONTRACT) Disclosure of Agency Relationship (THIS FORM IS NOT A CONTRACT) The real estate agent who is providing you with this form is required to do so by Ohio law. It does not, by itself. obligate you to work with this agent or his/her brokerage; nor will you be bound to pay any compensation to the agent or the agents brokerage by merely signing this form. Instead, the purpose of this form is to make sure you have the necessary Information you need to know about the role of this agent if you choose to work together. By signing, you acknowledge that you have been provided this information and agree to it. If you do not, you can consult with an attorney for further advice. As a potent...
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Disclosed Dual Agency. There may be instances when you will want the Company’s sales agent who is working with you to show you properties that are listed with the Company through other sales agents and you will want to obtain information from the Company’s sales agent who is working with you concerning the availability of those properties. To do so, the Company would be acting as a “dual agent”, since it would be representing both the seller of the property and you, as a prospective buyer of the property. Because of the conflict that exists when a broker represents both the seller and a prospective buyer, the Company will not proceed, and is legally prohibited from proceeding, as a “dual agent”, unless it first discloses to each party that it is acting as a dual agent (thereby becoming a “disclosed dual agent”) and receives the consent of each party to act as a disclosed dual agent. Therefore, to proceed as a “disclosed dual agent,” if such a circumstance should arise, the Company needs your informed written consent to do so. By executing this Agreement, you are giving your consent. The Company’s policies as to “disclosed dual agency” and the representation of two buyers seeking to acquire the same property include the following: Working with Seller. When the Company is acting as a “ disclosed dual agent” , e.g. when the Company’s sales agents are representing both the seller and a prospective buyer in a transaction , the sales agent working the seller is authorized to continue to advise the seller and assist the seller in the negotiation of offers presented by a prospective buyer to the seller ; in addition , the sales agent working with the seller is prohibited from disclosing to another sales agent of the Company who is working with a prospective buyer material confidential information that the seller has disclose to the sales agent .
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Disclosed Dual Agency. (Missouri only). BROKER may have Buyer clients who have retained BROKER to represent them in connection with the acquisition of property. If a Buyer represented by BROKER becomes interested in making an offer on the Property, BROKER is in the position of representing both OWNER and the Buyer in that transaction. This representation, known as Dual Agency, can create inherent conflicts of interest. The same is true if the listing agent is also the selling agent. A Dual Agent shall be a limited agent for both the OWNER and a Buyer and shall have the duties of an OWNER'S or a Buyer's agent except that a Dual Agent may disclose any information to one client that the licensee gains from the other client if the information is material to the transaction unless it is confidential information that has not been made public or becomes public by the words or conduct of the client to whom the information pertains or by a source other than the licensee. A Dual Agent may not disclose, without the consent of the client to whom the information pertains: that a Buyer is willing to pay more than the Purchase Price offered for the property; that OWNER is willing to accept less than the asking price for the property; what the motivating factors are for any client, buying or selling the Property; that a client will agree to financing terms other than those offered and/or the terms of any prior offers or counter offers made by any party. A Dual Agent shall not disclose to other client any confidential information about the other client unless the disclosure is required by statute, rule or regulation or failure to disclose the information would constitute a misrepresentation or unless disclosure is necessary to defend the affiliate licensee against an action of wrongful conduct in any administrative or judicial procedure or before a professional committee. A separate Disclosed Dual Agency Amendment must be signed by the OWNER and the Buyer when this form of agency is used.
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Related to Disclosed Dual Agency

  • Disclosure Updates Promptly and in no event later than 5 Business Days after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to the Lender Group contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

  • Disclosure; No Material Misstatements The certificates, written statements and reports, and other written information, taken as a whole, furnished by or on behalf of the Borrower or any Guarantor to the Administrative Agent and the Lenders in connection with the negotiation of any Loan Document or included therein or delivered pursuant thereto, do not contain any material misstatement of fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were or are made, not misleading as of the date such information is dated or certified; provided that (a) to the extent any such certificate, statement, report, or information was based upon or constitutes a forecast or projection, the Borrower represents only that it acted in good faith and utilized reasonable assumptions and due care in the preparation of such certificate, statement, report, or information (it being recognized by the Lenders, however, that projections as to future events are not to be viewed as facts and that results during the period(s) covered by such projections may differ from the projected results and that such differences may be material and that the Borrower makes no representation that such projections will be realized) and (b) as to statements, information and reports supplied by third parties, the Borrower represents only that it is not aware of any material misstatement or omission therein. There are no statements or conclusions in any Reserve Report which are based upon or include material misleading information or fail to take into account known material information regarding the matters reported therein, it being understood that projections concerning volumes attributable to the Oil and Gas Properties of the Borrower and the other Credit Parties and production and cost estimates contained in each Reserve Report are necessarily based upon professional opinions, estimates and projections and that the Borrower and the other Credit Parties do not warrant that such opinions, estimates and projections will ultimately prove to have been accurate.

  • No Undisclosed Material Liabilities There are no liabilities or obligations of the Company or any of its Subsidiaries of any kind whatsoever, whether accrued, contingent, absolute, determined, determinable or otherwise, other than:

  • No Undisclosed Relationships No relationship, direct or indirect, exists between or among the Company or any of its subsidiaries, on the one hand, and the directors, officers, stockholders, customers or suppliers of the Company or any of its subsidiaries, on the other, that is required by the Securities Act to be described in the Registration Statement and the Prospectus and that is not so described in such documents and in the Pricing Disclosure Package.

  • SEC Documents; Undisclosed Liabilities Parent has timely filed all required reports, schedules, forms, statements and other documents (including exhibits and all other information incorporated therein) with the SEC since December 8, 1999 (together with Parent's Registration Statement on Form S-1 (Registration No. 333-87717), the "Parent SEC Documents"). As of their respective dates, Parent SEC Documents complied in all material respects with the requirements of the Securities Act or the Exchange Act, as the case may be, and the rules and regulations of the SEC promulgated thereunder applicable to such Parent SEC Documents, and none of the Parent SEC Documents when filed contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. Except to the extent that information contained in any Parent SEC Document has been revised or superseded by a later filed Parent SEC Document, none of the Parent SEC Documents contains any untrue statement of a material fact or omits to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The financial statements of Parent included in the Parent SEC Documents comply as to form, as of their respective dates of filing with the SEC, in all material respects with the Accounting Rules, have been prepared in accordance with GAAP applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto) and fairly present in all material respects the consolidated financial position of Parent and its consolidated subsidiaries as of the dates thereof and the consolidated results of their operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal recurring year-end audit adjustments). Except (i) as reflected in the most recent financial statements contained in Parent SEC Documents or in the notes thereto, (ii) for liabilities that have been incurred by Parent and its subsidiaries since June 30, 2001, in the ordinary course of business and consistent with past practice, (iii) for liabilities incurred in connection with this Agreement or the transactions contemplated hereby (iv) for liabilities that do not and would not reasonably be expected to have a Material Adverse Effect on Parent, or (v) liabilities described in Section 4.03 of Parent Disclosure Schedule, neither Parent nor any of its subsidiaries has any liabilities (whether accrued, absolute, contingent or otherwise) required to be disclosed in financial statements prepared in accordance with GAAP.

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