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André Givogue

Realtor Services - why use a Realtor





Is 'your' Realtor working for you? As a home buyer, your interests are not represented unless you have told the Realtor who is showing you homes that you want them to represent you as your "Buyer's Agent." If you haven't, "your Agent" could be representing the seller.

A buyer's agent protects your best interests. Buying a home is often one of the largest financial decisions you will make in your lifetime. It does not cost you anything to be represented by a professional buyer's agent like myself and it could save you thousands. Sellers have agents working for them and home buyers should too!

Why choose me as your buyer's agent? As a dedicated buyer's agent, I perform services for you that a seller's agent can't - such as showing you reasons not to buy a certain property; negotiating the best price and terms for you; including contingencies in the contract that protect you, rather than the seller; and keeping confidential any information that could hurt your bargaining position. If there are better-priced homes in the area, I will also give you an unbiased opinion and show you those homes.

From house hunting to closing, I am here for you every step of the way - don't leave home without me! For independent representation, contact your ESP Partner.


REALTOR SERVICES

Buying your Home 
I take the buying process as seriously as my buyers do and offer quality services to my clients. When you are ready to purchase your home, make sure you hire someone whom you  trust, and with the experience and the attention to detail that you deserve. Here are some of the steps I will take to find your perfect home:

Distinguish between your Wants and your Needs
This is the single most important step. By asking you a series of questions, I will establish what you are looking for. My goal is not to waste your time by looking at properties that are not in your price range or homes that don't meet your needs. Throughout the buying process, I will maintain your confidentiality and represent your best interests.

Help You Get Pre-Qualified
This step will show you how much you can afford. This is accomplished by speaking with your Financial Institution and establishing what monthly payments you are comfortable with.

Home Shopping
I will use every available method to locate a property that matches your search criteria. This will include properties listed with our office, offered through other real estate companies, as well as unlisted properties which are for sale by owner. You will be informed of all known facts about the property that are likely to affect your decision. When I find the home that meets your criteria, I will assist you in writing an offer and will act as your Realtor link between you and the Seller and the Seller's Agent.

It's my Job to find you a Home....but it is my Privilege to help you achieve your home-ownership goals.

SELLING YOUR HOME

to follow


Members of the Canadian Real Estate Association are required to abide by a strict Code Of Ethics and Standards Of Business Practice, which serves to protect the public. One of the ethical obligations embodied in the Code requires that Realtors® disclose who they are representing in a Real Estate transaction.

THE AGENCY RELATIONSHIP

REALTORS work within a legal relationship called AGENCY. The Agency relationship exists between you, the CLIENT and the Brokerage, your AGENT.

The essence of the Agency relationship is that the Agent has the authority to represent the Client in dealings with others. Agents are obligated to protect and promote the interests of their clients as they would their own. Specifically, the Agent has the following Fiduciary Duties:

  1. Loyalty: The Agent must protect the Client's negotiating position at all times, and disclose all known facts which may arise that may affect or influence the Client's decision.
  2. Obedience: The Agent must obey all lawful instructions of the Client.
  3. Confidentiality: The Agent has an obligation to keep the confidences of the client.
  4. Reasonable Care and Skill: In performing all assigned duties.
  5. Full Disclosure: Of information that might affect the Value of the property.
  6. Full Accounting: For all money and property placed in the Agent's hands while acting for the Client.

You can expect competent service from your Agent, knowing that the Brokerage is bound by Ethics and the Law to be honest and thorough in every Real Estate transaction.

This approach is reflected in the standard Real Estate contracts produced by the Ontario Real Estate Association. Please feel free to ask your REALTOR to show you the contracts appropriate to your Real Estate transaction.

The CLIENT, as well, has duties towards the Agent:

  1. Loyality: The Client has an obligation to be loyal to his/her Agent when dealing with the transactions. The Client is also obligated to ensure that they only employ the SERVICES of (1) Agent, and not to involve any other Agent in any transaction.
  2. Honesty: The Client has an obligation to his/her Agent to be honest in all their dealings with that Agent. The Client is also obligated to inform the Agent if they are already working with another Agent
  3. The Client has the duty to compensate the Agent for the expenses that the Agent incurs on their behalf as a result of carrying out the Agent's responsibilities. (eg., if the Agent pays to have a Real Property Report done when a home is listed, the agent is to be compensated because an RPR is the legal obligation of the homeowner to provide).
  4. The Client has the duty to pay the agreed-upon remuneration or compensation as outlined in the signed contract.
  5. In addition, the Client has the duty to disclose material facts to the Third Party in the Real Estate transaction.

As mentioned in paragraph one, these are two main types of relationships you will find in most Real Estate transactions:

Single Agency: Single Agency occurs when both Buyer and Seller are represented by their own Agent in a Real Estate transaction. Each Agent owes full Fiduciary Duties to it's own Client. (Assuming both Agents work for different Brokerages).

Dual Agency: Dual Agency occurs when one Brokerage, trading in Real Estate from one or more locations, represents two parties with respect to the potential purchase of a property.

Since the Brokerage is working for both parties, it is necessary to limit (as described below) the Fiduciary Duties owed to both Clients. These limitations on the Fiduciary Duties will also apply for Buyers when one Brokerage represents two or more Buyers.

In Real Estate sales, the Dual Agent:

  1. Will not, without prior written permission of the Applicable Client, disclose to the other Client(s):
    1. that the Seller will accept a price less than the asking price (or a countered selling price),
    2. that the Buyer will pay a price higher than the price offered,
    3. the reason the Seller is selling and the Buyer is buying, and the terms and conditions of competing offers.

  2. Will disclose to both parties all facts known or become known to the Dual Agent that materially affect or may not materially affect the marketability or value of the property and as well will also disclose any facts known or facts that become evident after the transaction has proceeded that would influence the conditions of the transaction or the closing of the transaction.





Code of Ethics for REALTORS in Canada  - The Canadian Real Estate Association ©2004

CREA’s Code of Ethics and Standards of Business Practice has been the measure of professionalism in organized real estate for over 40 years. The first code was approved in 1913 at the convention of the National Association of Real Estate Boards held in Winnipeg. The first Code of Ethics specifically prepared for members of The Canadian Real Estate Association was approved by members in 1959.

The Code establishes a standard of conduct, which in many respects exceeds basic legal requirements. This standard ensures that that the rights and interests of consumers of real estate services are protected. As a condition of membership, all REALTORS agree to abide by the Code.

Some of the requirements of the Code include:

  1. REALTORS must disclose in writing whom they are representing as an agent in the transaction. Parties to a transaction must be told what their agency relationship is to the REALTOR.
    Definitions, terminology and presumed agency relationships vary from province to province. Most jurisdictions have their own forms for complying with disclosure requirements, which have been drafted to accommodate agency relationships as they exist in your province or territory.
  2. All financial arrangements between REALTORS and others (e.g. referral fees, compensation from more than one party, rebates or profits on expenditures) must be fully disclosed to clients;
  3. REALTORS cannot acquire an interest in property (either directly or indirectly) without disclosing the fact that they are real estate professionals;
  4. REALTORS cannot use the terms of an agreement of purchase and sale to negotiate commission. While the Code of Ethics establishes obligations that may be higher than those mandated by law, in any instance where the Code of Ethics and the law conflict, the obligations of the law must take precedence.

A REALTOR’s ethical obligations are based on moral integrity, competent service to clients and customers, and dedication to the interest and welfare of the public. The Code has been amended many times to reflect changes in the real estate marketplace, the needs of property owners and the perceptions and values of society. For more than forty years, through a variety of updates, the CREA Code of Ethics is unchanged in demanding high standards of professional conduct to protect the interests of clients and customers and safeguard the rights of consumers of real estate services.

The CREA Code of Ethics

Under all is the land. Upon its wise utilization and widely allocated ownership depend the survival and growth of free institutions and of our civilization. Through the REALTOR, the land resource of the nation reaches its highest use and private land ownership its widest distribution. The REALTOR is instrumental in moulding the form of his or her community and the living and working conditions of its people. Such functions impose grave social responsibilities which REALTORS can meet only by diligent preparation, and considering it a civic duty to dedicate themselves to the fulfillment of a REALTOR's obligations to society. The REALTOR therefore must be zealous to maintain, and continually strive to improve, the professional standards of his or her calling:

  • by keeping informed as to developments and trends in real estate,
  • by endeavouring to protect the public against fraud, misrepresentation or unethical practice in connection with real estate transactions,
  • by rendering services and opinions based only on the REALTOR's knowledge, training, qualifications and experience in real estate,
  • by seeking no unfair advantage over, nor injuring directly or indirectly, the reputation of, nor publicly disparaging the business practice of other REALTORS, and
  • by being loyal to the REALTOR's Real Estate Board and Provincial/Territorial Association and
  • active in their work.

In the interpretation of his or her obligations, the REALTOR can take no safer guide than that which has been embodied in the Golden Rule - "Do unto others as you would have them do unto you".

No inducement of profit and no instructions from clients or customers can ever justify departure from the ideals of fair dealing and high integrity resulting from adherence to a lofty standard of moral conduct in business relations.

Accepting this standard as his or her own, each REALTOR pledges to observe the spirit of the Code in all dealings and to conduct business in accordance with the Standards of Business Practice as adopted by The Canadian Real Estate Association.


Standards of Business Practices for REALTORS in Canada  - The Canadian Real Estate Association ©2004

ARTICLE 1
REALTORS shall endeavour to be informed regarding the essential facts, which affect current market conditions in order to be in a position to counsel their clients and/or to assist customers in a responsible manner.

ARTICLE 2
A REALTOR shall protect and promote the interests of his or her client. This primary obligation does not relieve the REALTOR of the responsibility of dealing fairly with all parties to the transaction.

ARTICLE 3
A REALTOR shall fully disclose in writing to, and is advised to seek written acknowledgment of disclosure from, all parties to a transaction regarding the role and the nature of service the REALTOR will be providing to the client versus the customer or other party to the transaction. The REALTOR shall also disclose his or her role to other REALTORS involved in the transaction.

ARTICLE 4
A REALTOR has an obligation to discover facts pertaining to every property for which the REALTOR accepts an agency which a reasonably prudent REALTOR would discover in order to fulfil the obligation to avoid error, misrepresentation or concealment of pertinent facts.

ARTICLE 5
REALTORS should ensure written representation agreements whenever possible in order to avoid misunderstandings with their clients and customers.

ARTICLE 6
REALTORS shall ensure that agreements regarding real estate transactions are in writing in clear and understandable language, expressing the specific terms, conditions, obligations and commitments of the parties to the agreement. A copy of each final agreement shall be furnished to each party upon their signing or initialing, and shall be dealt with in accordance with the instructions of the parties involved.

ARTICLE 7
The REALTOR shall, prior to the signing of any agreement, fully inform the signing party regarding the type of expenses for which he/she may be normally liable.

ARTICLE 8
A REALTOR shall not accept compensation from more than one party to a transaction without the written consent of his or her client(s).

ARTICLE 9
REALTORS shall disclose to a client or customer if there is any financial benefit the REALTOR or his/her firm may receive as a result of recommending real estate products or services to that party.

ARTICLE 10
A REALTOR shall not accept any rebate or profit on expenditures made for a client without the client's consent or accept any rebate or profit on expenditures for a customer without the customer's knowledge.

ARTICLE 11
The REALTOR shall not discourage parties to a transaction from seeking legal counsel.

ARTICLE 12
The REALTOR shall not knowingly permit any property in his or her charge to be used for unlawful purposes.

ARTICLE 13
A REALTOR shall not present an offer or acquire an interest in property either directly or indirectly for himself or herself, any member of his or her immediate family or any entity in which the REALTOR has a financial interest, without making the REALTOR's position known to the seller in writing. In selling/leasing property owned by the REALTOR, or in which the REALTOR has an interest, the interest shall be revealed to the buyer/tenant in writing.

ARTICLE 14
In providing an opinion of value of real property, a REALTOR shall not undertake to provide such an opinion if it is outside the REALTOR's field of experience to do so, unless this fact is disclosed to the client or unless assistance is obtained from another person who has experience in this area. A REALTOR shall not perform an appraisal contrary to the terms and conditions of any designation the REALTOR holds through The Canadian Real Estate Association. In all other circumstances, the REALTOR shall not provide an opinion of value on property in which the REALTOR has a present or contemplated interest without first disclosing this fact to the client. Fees charged for providing an opinion of value shall not be based on the amount of value reported.

ARTICLE 15
A REALTOR shall present all written offers and counter-offers as objectively and as quickly as possible.

ARTICLE 16
A REALTOR shall not advertise a property if such advertising has been restricted at the request of the seller/landlord. In any advertisement, the advertised or offered price of a property shall not be other than that which was agreed upon with the seller/landlord. (Also applies to Article 25.)

ARTICLE 17
A REALTOR is obliged to render a skilled and conscientious service, in conformity with standards of competence which are reasonably expected in the specific real estate disciplines in which the REALTOR engages. When a REALTOR is unable to render such service, either alone or with the aid of other REALTORS, the REALTOR should not accept the assignment or otherwise provide assistance in connection with the transaction.

ARTICLE 18
REALTORS shall ensure a true presentation in all advertising. Properties and services shall not be advertised without identifying the firm or, where applicable, the individual practitioner, in accordance with provincial licensing legislation.

ARTICLE 19
The REALTOR shall not deny professional services to any person for reasons of race, creed, colour, sex, familial status, age, or national origin. The REALTOR shall not be party to any plan or agreement to discriminate against a person or persons on the basis of race, creed, colour, sex, familial status, age or national origin.

ARTICLE 20
The REALTOR shall observe the By-Laws, Rules and Regulations established by the REALTOR's Real Estate Board and/or Association, in addition to the regulations, terms and conditions associated with any designation that the REALTOR may hold through membership in The Canadian Real Estate Association.

ARTICLE 21
The business of a REALTOR shall be conducted in strict accordance with all statutory and regulatory requirements that apply to that business.

ARTICLE 22
The REALTOR shall never publicly discredit a competitor. If the REALTOR's opinion is sought regarding a specific transaction, it should be rendered with strict professional integrity and courtesy.

ARTICLE 23
The agency or other contractual relationship of a competitor shall be respected by all REALTORS. Negotiations concerning exclusively listed property or with any party who is exclusively represented shall be carried on with the client's agent and not with the client directly, except with the consent of the client's agent.

ARTICLE 24
A REALTOR shall not seek information about a competitor's transaction to be used for the purpose of closing a transaction himself or herself, or for the purpose of interfering with any other contractual undertaking.

ARTICLE 25
Signs in respect of the sale, rent, lease, development or exchange should not be placed on any property by other than the listing broker unless authorized by the seller/landlord. REALTORS shall not interfere with another real estate broker's sign.

ARTICLE 26
Should a REALTOR be asked to co-operate in any way in connection with a disciplinary investigation or proceeding pertaining to alleged unethical practice, the REALTOR shall place all pertinent facts before the proper Committee of the Real Estate Board or Association to which the REALTOR belongs.

ARTICLE 27
In the event of a dispute between REALTORS associated with different firms of the same local Board/Association regarding the fee or commission earned or to be earned in connection with a real estate transaction, the dispute shall be submitted for arbitration in accordance with the By-Laws, Rules and Regulations of their local Board/Association.

ARTICLE 28
In the event of a dispute between REALTORS associated with different firms and belonging to different local Boards/Associations, regarding the fee or commission earned or to be earned in connection with a real estate transaction, the dispute shall be submitted to arbitration in accordance with the By-Laws and Rules and Regulations of the appropriate Provincial/Territorial Association. Should the REALTORS belong to different Provincial/Territorial Associations, the dispute shall be arbitrated in accordance with the By-Laws and Rules and Regulations of The Canadian Real Estate Association.

ARTICLE 29
The business of a REALTOR shall be conducted so as to avoid controversies with other REALTORS.


Choose a Realtor wisely - be Choosy!


Buying or selling your home is one of the most important financial decisions you will make in your life. Choose your Realtor wisely and be choosy because real estate is what you come home to. A Realtor should not only be a good communicator and a skilled negotiator, but someone who is innovative and net-savvy!

A Realtor's web site will speak volumes to you about the type of Agent he or she is. Is the site professional in nature, organized, creative, or is it a cookie-cutter cloned site? A cloned web site is pre-scripted with the same messages on thousands of sites. Here are a couple of examples:

  • "Insider Real Estate Secrets Revealed" - phrase repeated verbatim on over 5,000 pages according to a Google search

No, Martha Stewart is not a Realtor and we really don't trade in "insider" secrets!

  • "FREE Quick Over-The-Net Home Evaluation" - phrase repeated verbatim on over 87,000 pages according to a Google Search

As a matter of record, I no longer do market evaluations over the phone or over the net. I believe both to be a serious breach of the Privacy Act. There is often no way of verifying that the request is actually coming from the homeowner. Moreover, given that it can take up-to-four hours to do a properly-done market evaluation, it begs the following question:

What is a "FREE Quick" market evaluation really worth?

Here's one of the most repeated scripts on the net:

  • "Warning! Do Not Hire Any Real Estate Agent Before You Read This FREE Special Report" - phrase repeated verbatim on over 66,000 pages according to a Google Search

The sheer volume of cloned material above begs some of the most important questions you should ask the Realtor who is about to list your home:

What type of innovative pro-active marketing techniques will they use in order to market your home and put it in front of buyers who use the internet (approx 80% use the Net)? Do they have a measurable internet presence, or is their web site parked on the Net?

Make sure your Realtor has a handle on the new technology and the internet marketplace. There is much more to selling a home today than just listing it on mls.ca or putting it on a parked, pre-scripted, cookie-cutter web site.

Here's one of my favorite scripts - the ads go something like this:

  • "Sell your home in 90 days or we buy it - guaranteed"

If anyone believes that home owners will get full value for a home after 90 days on the market, I have ocean-front property for you in Saskatchewan! Moreover, it begs the following questions:

Who determines the "guaranteed" price you get for your home? The Realtor who had it listed for 90 days? If your home hasn't sold after 90 days, why not?


If I don't think I can sell your home within 90 days for the price you want, I will tell you right up front. I will not waste your time or my time. Moreover, I will not buy your home because I firmly believe that it would put me in a fundamental conflict-of-interest postion.

You have the right to expect respect, not pre-scripted sales pitches, and you have the right to expect the best because that's what you pay us to be. Realtors may sell real estate, but real estate is what you come home to, so choose your Realtor wisely.







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