Agency

The following is a guide to assist agents in disbursing agency notices in Illinois and is intended as guidance. This list is not intended to cover every scenario.

Actions

Factual Information Only given

Beyond factual information

 

 

 

Sitting an Open house

 

 

a. Your listing

Notice of No Agency

Dual agency

b. Your own home

Notice of No Agency

Notice of No Agency or refer to someone else

c. Someone else listing

Ministerial

Text Box: A licensee may not serve as a dual agent in any transaction to which he or she or an entity in which he or she has an ownership interest is a party to the transaction.   Notice of No Agency

 

 

 

Public walks into your office

Notice of No Agency

Notice of No Agency

Listing

Buyer Broker

Dual agerncy

 

 

 

Calls on your listings

Notice of No Agency

Text Box: Ministrial Acts would be used infrequently because it assumes the agent is not representing anyone on either side. An agent might use this type of notice if going on a listing presentation--there is not agency established yet and it might let the seller know not to spill his guts to you so if you don't get the listing you won't be out there using information against him that might hurt his bargaining position. Notice of No Agency

Dual agency

 

 

 

Showing/listing family, friends

Notice of No Agency

Notice of No Agency

Listing

Buyer Broker

Dual

     
Show FSBO Notice of No Agency Notice of No Agency

Dual Agency

     

Relo listing

Listing

Listing

 

 

 

Cold Calls

Ministerial

Notice of No Agency

Listing

Buyer Broker

Dual

 

 

 

Floor Time

Ministerial

Notice of No Agency

Listing

Buyer Broker

Dual

 

 

 

Cocktail party

Ministerial

Notice of No Agency

Listing

Buyer Broker

Dual

 

 

 

Grocery Store

Ministerial

Notice of No Agency

Listing

Buyer Broker

Dual

 

 

 

Set up an appointment

Ministerial

Notice of No Agency

Listing

Buyer Broker

Dual

 

 

 

Show your own listing

 

 

a. show, factual only

Ministerial

 

b. show, ask questions

Dual Agency

Dual Agency

c. show, write offer

Dual agency

Dual agency

Answering questions such as "what do you think this property is worth"/"what other listings are in this neighborhood"/'show me more houses", etc or advising on issues will change the relationship from Ministerial to dual, buyer broker or Notice of No Agency.

The concept of the agency law is to inform the public how they are or are not represented, how the transaction will work, so the public can decide if they like the procedure or would prefer working with someone else with a different procedure.  Many know the law states that it presumes that you represent the one you are with but most do not know that the sentence continues. 

Section   15-10.   Relationships  between  licensees  and consumers.
Licensees shall be considered to  be  representing the  consumer they are working with as a designated agent for the consumer unless:
            (1)  there  is  a  written  agreement  between   the sponsoring  broker  and the consumer providing that there
                is a different relationship; or
 
(2)   the licensee  is  performing  only  ministerial acts on behalf of the consumer.

Agency notice is intended to prevent disclosure of confidential information to a non-agent.

 

October 25, 2002