Table of Contents
Volume II - Working With Clients
What is This Topic About?
Working with clients is about the relationships that exist between real estate licensees and their customers and clients and the legal duties those relationships create. In Oregon, these relationships are subject to a complicated system of statutory and regulatory control as well judge-man common law. Whether listing property, showing property or just working with a customer, real estate licensees must keep this complicated and, at times, confusing area of the law in mind.
This topic begins with an overview of real estate license laws that control agency relationships. In the Understanding Real Estate License Laws section of this topic you will find copies of all of the Statutes and Administrative Rules that apply to agency relationships in Oregon, along with a brief explanation of each statute and rule. The Law of Agency section contains a detailed overview of the subject of agency, including Creating and Terminating agency relationships.
You will also find in this topic a discussion of the Scope of Agency Relationships. Key to understanding agency is Understanding Agency Duties, including Common Law Duties and Statutory Duties. No examination of agency relationships and laws in Oregon would be complete without Understanding Agency Disclosure including Initial Agency Disclosure, Final Agency Acknowledgement and Disclosed Limited Agency.
Working with clients in today’s real estate market means Dealing with FSBOs and MLS Only or Limited Service Listings, including the Potential Problems that arise and their Solutions. Finally, no discussion of working with clients would be complete without Understanding Commissions. That means Understanding Procuring Cause. Understanding procuring cause includes not only the Legal Definition of Procuring Causes, but Applying Procuring Cause to Real Estate. You can also find a discussion of Commission Sharing and Commissions and Antitrust in this section of the Toolkit.