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The fiduciary duties of the agent to the principal include acting ethically, responsibly, and with enough knowledge to make the most beneficial decisions and actions for the principal. While the principal must follow their contractual duties, the duties of the agent go far beyond what’s stated in the contract. Complete and accurate probate accounting is essential for avoiding challenges by beneficiaries, and for obtaining a final discharge of your responsibility as the estate’s personal representative.
License Law, Agency and disclosure requirements must be complied with as outlined below. The availability of other licensed individuals with a broker’s license or qualified to obtain a broker’s license within the same brokerage. A violation of the Federal Fair Housing Act if the coming soon listing is used to limit or exclude certain people or classes of people from the marketing of the property based on race, color, national origin, religion, sex, familial status or handicap. The listing is in fact “coming soon” and not currently being shown or marketed to a limited group only.
Even if the principal suffers no loss, the agent may be held responsible if their fiduciary duties have been neglected. These duties have been enacted so that the law may protect principals and they can feel secure in seeking out an agent to help with the complex process of selling real estate property. The following is a list of agent fiduciary duties as listed by the National Association of Realtors. The required Assignable Contract Addendum to the agency disclosure must be signed by the unrepresented title owner as customer. In order to protect managing brokers and limit their (and their firms’) liability, Tennessee’s law specifically states that managing brokers aren’t considered dual agents when individual licensees serve as designated agents in transactions. It’s your duty to advocate solely for the seller and seek a sale of the property at the best price available or a price that’s acceptable to the seller.
It’s wise to create a separate business account so you can keep track of every transaction. You can then connect to your personal account or transfer funds between accounts on a pre-scheduled real estate bookkeeping basis. Although commissions and other income sources technically belong to you as a real estate agent, lumping them into your general bank account can become an organizational hassle.
This does not, however, include any information that the broker is legally required to disclose to any potential buyer of the property. Brokers should establish guidelines for the use of unlicensed persons and procedures for monitoring their activities. It is the responsibility of the employing broker to assure that unlicensed persons, either directly employed or contracted, or employed or contracted by licensees under his or her supervision, are not acting improperly. Licensees, both brokers and salespersons, often use unlicensed persons, either employed or contracted, to perform various tasks related to a real estate transaction which do not require a license. Such persons, for example, are used as personal assistants, clerical support staff, closing secretaries, etc. According to Tennessee law, designated agency supports the real-life practice in which individual agents—not the entire firm—advocate for their own clients, no matter whether two licensees from the same firm, or licensees from different firms, are involved.
Accounting professionals generally must complete a bachelor’s degree program and be licensed in their state. Real estate accountants provide financial guidance and assistance during real estate transactions. A bachelor’s degree in accounting or a related field is typically required.
A real estate accountant manages all accounting processes for a real estate team. They handle accounts payable and accounts receivable, produce journal entries, reconcile business accounts, and enter data into accounting software to make sure financial reporting is accurate and organized.