Sunday, November 23, 2008

Utah's New REPC Section 5. Confirmation of Agency Disclosure

REPC Section 5. Confirmation of Agency Disclosure

This update seems to have a streamlining and clarification effect.

The initials boxes used in the old REPC are gone. The many times I've used these boxes...and also had my office manager kick the REPC back to me when they were overlooked... always seemed to be a bit of overkill.

I suppose the original intent was to further draw everyone's attention to the agency relationships...not to mention another separate and complete form that spelled out agency relationships.
So, the initials boxes are gone.

Another change is Listing Agent has been replaced with Seller's Agent. Selling Agent has been replaced with Buyer's Agent:


The Listing Agent is now Seller's Agent

The Selling Agent is now Buyer's Agent

... and further...


The Listing Broker is now Seller's Brokerage

The Selling Broker is now Buyer's Brokerage



That feels better, I think...


Here is the before and after:


Old REPC Section 5 Confirmation of Agency Disclosure text:


5. CONFIRMATION OF AGENCY DISCLOSURE . At the signing of this Contract:

[ ] Seller's Initials [ ] Buyer's Initials

The Listing Agent,_____ , represents [ ] Seller [ ] Buyer [ ] both Buyer and Seller as a Limited Agent;

The Listing Broker_____, represents [ ] Seller [ ] Buyer [ ] both Buyer and Seller as a Limited Agent;

The Selling Agent, _____, represents [ ] Seller [ ] Buyer [ ] both Buyer and Seller as a Limited Agent;

The Selling Broker,_____,represents [ ] Seller [ ] Buyer [ ] both Buyer and Seller as a Limited Agent;


Here's the actual old REPC form:

Hold down your [Ctrl] control key and click on the image to open in full size in a new browser window.



New REPC Section 5 Confirmation of Agency Disclosure text:

5. CONFIRMATION OF AGENCY DISCLOSURE. Buyer and Seller acknowledge prior written receipt of agency disclosure provided by their respective agent that has disclosed the agency relationships confirmed below. At the signing of the REPC:

Seller’s Agent________ , represents [ ] Seller [ ] both Buyer and Seller as a Limited Agent;

Seller’s Brokerage_____ , represents [ ] Seller [ ] both Buyer and Seller as a Limited Agent;

Buyer’s Agent________ , represents [ ] Buyer [ ] both Buyer and Seller as a Limited Agent;

Buyer’s Brokerage_____, represents [ ] Buyer [ ] both Buyer and Seller as a Limited Agent.


Here's the actual new REPC form:

Hold down your control [Ctrl] key and click on the image to open in full size in a new browser window.



Good changes, I think... Very good.



*** I’m remarking on the new REPC changes as I see them. This isn't legal advice. ***


Next up ... Section 6. Title and Title Insurance.



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Mike B. Class Star®





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