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INFO FOR BUYERS / SELLERS
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Our company policy is to assist home sellers and purchasers in all aspects of the
home buying or selling process. We have a simple focus: to provide the fastest, highest
quality of service available in the real estate industry. The Clemons Group provides the finest
professional real estate services.
We offer our clients and customers agency representation that fits their personal needs.
Designated agents are responsible for helping complete the sale and promoting the best
interest of the represented party.
Before you disclose confidential information to a real estate licensee regarding a real estate
transaction, you should understand what type of agency relationship you have with that
licensee.
We believe that your understanding of this policy will allow us to continue to provide that
same high level of service to both home purchasers and home sellers– the best service
available anywhere.
The Agency Relationship
The agency relationship consists of one person representing the interests of another. The
parties to the relationship are the Principal (Seller or Buyer) and the Agent. The Agent is
retained by the Principal to work for, act on behalf of, and protect the Principal’s interests. The
relationship created is called a fiduciary relationship. It is a relationship founded on
trust because the agent owes precise duties to the Principal.
Among those duties are:
■ Loyalty ■ Diligence ■ Confidentiality
■ Obedience ■ Disclosure ■ Accounting
■ Reasonable Care
In the field of real estate sales, the Agent is required to fairly follow all of the duties owed to
the Principal and in addition, be honest with all others involved in any given transaction.
Real Estate One offers several types of agency relationships as defined on the following
pages.
Designated Agency
The Clemons Group offers Designated Agency to provide the best representation to our
clients. Under Designated Agency, a seller or buyer is represented only by the agent(s)
specifically
named in their agency agreement. The named “designated” agent acts solely on behalf of his
or her client and may only share confidential information about the client with the designated
agent’s supervisory broker who is also named in the agreement. Other agents, both within
the company or from other real estate brokers, do not have duties to the buyer or seller and
may act solely on behalf of another party in the transaction.
In the event both buyer and seller in a given transaction have designated agency contracts
with different designated agents from NATIONAL REALTY CENTERS, or any other member of
NATIONAL REALTY CENTERS, each designated agent continues to represent interests of their
respective clients. The supervising broker named in each designated agency agreement
becomes a consensual dual agent on behalf of both the buyer and the seller.
Designated Seller’s Agency
NATIONAL REALTY CENTERS agents, acting under designated agency, represent sellers
directly as the listing agent, or under a subagency agreement, through another broker’s
listing.
The duties that designated seller’s agents and subagents owe the seller include:
■ promoting the best interests of the seller
■ disclosing to the seller all facts that might affect or influence
the seller’s decision to accept an offer to purchase
■ keeping confidential the seller’s motivations for selling
■ presenting all offers to the seller
■ disclosing to seller all information known to the seller’s
agent about the identity of all buyers and the willingness
of those buyers to the sale or to offer a higher price
A designated seller’s agent will establish a plan for marketing the home and provide
counseling to prepare the property for sale and regularly communicate during the marketing
period and through closing. The designated agent’s fiduciary duties are owed to the seller. As
listing agents, we cooperate with any other type of agency offered by other brokers when
they show our listings.
Subagency
As subagents, we provide buyers with the services they need
to purchase a home while acting as an agent for a seller.
Subagents must work with buyers in a sincere and honest
manner. Designated seller’s agents and their subagents will
disclose to the seller known information about the buyer
which may be used to the benefit of the seller.
The duties that a subagent owes a seller are the same as those outlined in the seller’s
agency above.
As a designated seller’s agent, The Clemons Group will continue to offer the same excellent
customer services to buyers throughout the home buying process by providing information
about the properties shown, financial requirement, estimates of closing costs, disclosure of
material facts regarding properties and answering questions. We also assist in compiling and
submitting an offer to purchase and will communicate with the buyer throughout the home
finding and closing process.
Designated Buyer’s Agency
A designated buyer’s agent acts solely on behalf of the buyer.
Designated buyer’s agents will disclose to the buyer known
information about the seller which may be used to benefit the
buyer.
The duties that buyer agents owe to the buyer include:
■ promoting the best interest of the buyer
■ disclosing to the buyer all facts that might affect or influence the buyer’s decision to tender
an offer to purchase
■ keeping confidential the buyer’s motivations for buying
■ presenting all offers on behalf of the buyer
■ disclosing to buyer all information known to the buyer’s agent about the willingness of the
seller to complete the sale or to accept a lower price.
When The Clemons Group acts as the agent for the buyer, that buyer has the freedom to
discuss the value of the properties, negotiating strategies, and personal finances with the
sales associate. The buyer can obtain the associate’s opinion concerning the condition of the
property, the affect of any improvements and a variety of other information which a
designated seller’s agent cannot provide. The designated buyer’s agent will make a
commitment to make every reasonable effort to locate a property with certain features
as described by the buyer.
It must be remembered, however, that the designated buyer’s agent is not an attorney,
accountant, appraiser, property inspector, engineer or surveyor. The buyer will need to seek
the advice of those professionals and others for the expertise they can provide.
When Designated Agents become DUAL AGENTS
Dual agency occurs when a designated agent has both a listing contract with the seller and a
buyer agency with the buyer. Under these circumstances, a The Clemons Group agent can be
the agent of both the seller and the buyer in a single transaction, but only with the knowledge
and informed consent, in writing, of both the seller and the buyer.
If both the seller and the buyer agree in writing that the sales associate involved must not
disclose any information that would create a negotiating advantage for either client – such
as the fact that the seller will accept less than list price, or that the buyer will pay more than
offered – or other confidential information regarding the particular client, the parties may
continue with the transaction. In such cases, the Real Estate One designated agent will notify
all parties and will enter into a specific Dual Agency Agreement with them, which will override
all other agreements. Dual agents are able to facilitate the transaction, but must
remain neutral with regard to the negotiations and material facts of the sale. In the case
where two different NATIONAL REALTY CENTERS/NATIONAL REALTY CENTERS designated
agents are involved in representing a buyer and a seller, it is the named supervising broke(s)
in your agency contract(s) who also become dual agents and who must act as a neutral party.
Each of the designated agents continues to act on behalf of their clients.
Settlement Services
The sale or purchase of a home typically requires additional items known as “Settlement
Services.” Mortgage financing, title insurance and property insurance are all settlement
services.
Other Home Sale Legal Issues
Michigan Seller’s Disclosure
Generally, all home sellers must provide a state-mandated Seller’s Disclosure Statement in
which the seller discloses the condition and information concerning the home known to the
seller. The Seller’s Disclosure Statement is not required for certain types of real estate
transactions which your we can review with you.
The Clemons Group will provide the appropriate form for the seller to complete and will
make it available to prospective purchasers. As a seller, you must answer all of the questions
on the disclosure form. Your agent cannot answer or assist you in answering any portion of
the form. As a purchaser, you must acknowledge receipt by signing the Seller’s Disclosure
form prior to submitting an offer to purchase a home.
Federal Lead-Based Paint Disclosure
Federal law imposes additional disclosure requirements upon sellers of residential housing
built prior to 1978. These sellers must 1) provide a Lead Warning Statement and a “Protect
Your Family From Lead In Your Home” pamphlet; 2) disclose the known presence of lead-
based paint and lead-based paint hazards and provide copies of related written reports and
records; and 3) give the purchaser a 10-day opportunity (or other mutually agreed upon
period) to conduct a risk assessment or inspection, before the purchaser becomes obligated
under a purchase agreement.
Real Estate One developed proprietary forms to ensure that its customers comply with the
federal requirements. We will provide the appropriate form for the seller to complete and will
make it and the pamphlet available to prospective purchasers.
Earnest Money Deposits
Earnest money deposits are governed by the Michigan Occupational code and Administrative
Rules and the purchase agreement between the parties. Real Estate One maintains a non-
interest bearing demand escrow account as required by Michigan law. All earnest money
deposits are immediately deposited in this account. The purchaser’s earnest money deposit
is credited toward the purchase price if the sale is consummated. Deposits for which a
purchase agreement is never fully executed are refunded to the prospective purchaser after
the check clears. If the sale does not close, the earnest money will be disbursed as directed
in a written agreement signed by both the seller and purchaser. If the parties cannot agree,
Real Estate One will retain the earnest money in its escrow account until disbursement is
directed by agreement of the parties or court order.
Anti-Discrimination/Fair Housing
Your civil rights in relation to housing and real property are codified in the Michigan
Handicappers’ Civil Rights and Elliot-Larsen Civil Right Acts and
the federal Civil Rights Acts of 1866 and 1968. Generally, these laws prohibit discrimination in
real estate transactions by any party because of religion, race, color, national origin, age, sex,
handicap, marital or family status.
home buying or selling process. We have a simple focus: to provide the fastest, highest
quality of service available in the real estate industry. The Clemons Group provides the finest
professional real estate services.
We offer our clients and customers agency representation that fits their personal needs.
Designated agents are responsible for helping complete the sale and promoting the best
interest of the represented party.
Before you disclose confidential information to a real estate licensee regarding a real estate
transaction, you should understand what type of agency relationship you have with that
licensee.
We believe that your understanding of this policy will allow us to continue to provide that
same high level of service to both home purchasers and home sellers– the best service
available anywhere.
The Agency Relationship
The agency relationship consists of one person representing the interests of another. The
parties to the relationship are the Principal (Seller or Buyer) and the Agent. The Agent is
retained by the Principal to work for, act on behalf of, and protect the Principal’s interests. The
relationship created is called a fiduciary relationship. It is a relationship founded on
trust because the agent owes precise duties to the Principal.
Among those duties are:
■ Loyalty ■ Diligence ■ Confidentiality
■ Obedience ■ Disclosure ■ Accounting
■ Reasonable Care
In the field of real estate sales, the Agent is required to fairly follow all of the duties owed to
the Principal and in addition, be honest with all others involved in any given transaction.
Real Estate One offers several types of agency relationships as defined on the following
pages.
Designated Agency
The Clemons Group offers Designated Agency to provide the best representation to our
clients. Under Designated Agency, a seller or buyer is represented only by the agent(s)
specifically
named in their agency agreement. The named “designated” agent acts solely on behalf of his
or her client and may only share confidential information about the client with the designated
agent’s supervisory broker who is also named in the agreement. Other agents, both within
the company or from other real estate brokers, do not have duties to the buyer or seller and
may act solely on behalf of another party in the transaction.
In the event both buyer and seller in a given transaction have designated agency contracts
with different designated agents from NATIONAL REALTY CENTERS, or any other member of
NATIONAL REALTY CENTERS, each designated agent continues to represent interests of their
respective clients. The supervising broker named in each designated agency agreement
becomes a consensual dual agent on behalf of both the buyer and the seller.
Designated Seller’s Agency
NATIONAL REALTY CENTERS agents, acting under designated agency, represent sellers
directly as the listing agent, or under a subagency agreement, through another broker’s
listing.
The duties that designated seller’s agents and subagents owe the seller include:
■ promoting the best interests of the seller
■ disclosing to the seller all facts that might affect or influence
the seller’s decision to accept an offer to purchase
■ keeping confidential the seller’s motivations for selling
■ presenting all offers to the seller
■ disclosing to seller all information known to the seller’s
agent about the identity of all buyers and the willingness
of those buyers to the sale or to offer a higher price
A designated seller’s agent will establish a plan for marketing the home and provide
counseling to prepare the property for sale and regularly communicate during the marketing
period and through closing. The designated agent’s fiduciary duties are owed to the seller. As
listing agents, we cooperate with any other type of agency offered by other brokers when
they show our listings.
Subagency
As subagents, we provide buyers with the services they need
to purchase a home while acting as an agent for a seller.
Subagents must work with buyers in a sincere and honest
manner. Designated seller’s agents and their subagents will
disclose to the seller known information about the buyer
which may be used to the benefit of the seller.
The duties that a subagent owes a seller are the same as those outlined in the seller’s
agency above.
As a designated seller’s agent, The Clemons Group will continue to offer the same excellent
customer services to buyers throughout the home buying process by providing information
about the properties shown, financial requirement, estimates of closing costs, disclosure of
material facts regarding properties and answering questions. We also assist in compiling and
submitting an offer to purchase and will communicate with the buyer throughout the home
finding and closing process.
Designated Buyer’s Agency
A designated buyer’s agent acts solely on behalf of the buyer.
Designated buyer’s agents will disclose to the buyer known
information about the seller which may be used to benefit the
buyer.
The duties that buyer agents owe to the buyer include:
■ promoting the best interest of the buyer
■ disclosing to the buyer all facts that might affect or influence the buyer’s decision to tender
an offer to purchase
■ keeping confidential the buyer’s motivations for buying
■ presenting all offers on behalf of the buyer
■ disclosing to buyer all information known to the buyer’s agent about the willingness of the
seller to complete the sale or to accept a lower price.
When The Clemons Group acts as the agent for the buyer, that buyer has the freedom to
discuss the value of the properties, negotiating strategies, and personal finances with the
sales associate. The buyer can obtain the associate’s opinion concerning the condition of the
property, the affect of any improvements and a variety of other information which a
designated seller’s agent cannot provide. The designated buyer’s agent will make a
commitment to make every reasonable effort to locate a property with certain features
as described by the buyer.
It must be remembered, however, that the designated buyer’s agent is not an attorney,
accountant, appraiser, property inspector, engineer or surveyor. The buyer will need to seek
the advice of those professionals and others for the expertise they can provide.
When Designated Agents become DUAL AGENTS
Dual agency occurs when a designated agent has both a listing contract with the seller and a
buyer agency with the buyer. Under these circumstances, a The Clemons Group agent can be
the agent of both the seller and the buyer in a single transaction, but only with the knowledge
and informed consent, in writing, of both the seller and the buyer.
If both the seller and the buyer agree in writing that the sales associate involved must not
disclose any information that would create a negotiating advantage for either client – such
as the fact that the seller will accept less than list price, or that the buyer will pay more than
offered – or other confidential information regarding the particular client, the parties may
continue with the transaction. In such cases, the Real Estate One designated agent will notify
all parties and will enter into a specific Dual Agency Agreement with them, which will override
all other agreements. Dual agents are able to facilitate the transaction, but must
remain neutral with regard to the negotiations and material facts of the sale. In the case
where two different NATIONAL REALTY CENTERS/NATIONAL REALTY CENTERS designated
agents are involved in representing a buyer and a seller, it is the named supervising broke(s)
in your agency contract(s) who also become dual agents and who must act as a neutral party.
Each of the designated agents continues to act on behalf of their clients.
Settlement Services
The sale or purchase of a home typically requires additional items known as “Settlement
Services.” Mortgage financing, title insurance and property insurance are all settlement
services.
Other Home Sale Legal Issues
Michigan Seller’s Disclosure
Generally, all home sellers must provide a state-mandated Seller’s Disclosure Statement in
which the seller discloses the condition and information concerning the home known to the
seller. The Seller’s Disclosure Statement is not required for certain types of real estate
transactions which your we can review with you.
The Clemons Group will provide the appropriate form for the seller to complete and will
make it available to prospective purchasers. As a seller, you must answer all of the questions
on the disclosure form. Your agent cannot answer or assist you in answering any portion of
the form. As a purchaser, you must acknowledge receipt by signing the Seller’s Disclosure
form prior to submitting an offer to purchase a home.
Federal Lead-Based Paint Disclosure
Federal law imposes additional disclosure requirements upon sellers of residential housing
built prior to 1978. These sellers must 1) provide a Lead Warning Statement and a “Protect
Your Family From Lead In Your Home” pamphlet; 2) disclose the known presence of lead-
based paint and lead-based paint hazards and provide copies of related written reports and
records; and 3) give the purchaser a 10-day opportunity (or other mutually agreed upon
period) to conduct a risk assessment or inspection, before the purchaser becomes obligated
under a purchase agreement.
Real Estate One developed proprietary forms to ensure that its customers comply with the
federal requirements. We will provide the appropriate form for the seller to complete and will
make it and the pamphlet available to prospective purchasers.
Earnest Money Deposits
Earnest money deposits are governed by the Michigan Occupational code and Administrative
Rules and the purchase agreement between the parties. Real Estate One maintains a non-
interest bearing demand escrow account as required by Michigan law. All earnest money
deposits are immediately deposited in this account. The purchaser’s earnest money deposit
is credited toward the purchase price if the sale is consummated. Deposits for which a
purchase agreement is never fully executed are refunded to the prospective purchaser after
the check clears. If the sale does not close, the earnest money will be disbursed as directed
in a written agreement signed by both the seller and purchaser. If the parties cannot agree,
Real Estate One will retain the earnest money in its escrow account until disbursement is
directed by agreement of the parties or court order.
Anti-Discrimination/Fair Housing
Your civil rights in relation to housing and real property are codified in the Michigan
Handicappers’ Civil Rights and Elliot-Larsen Civil Right Acts and
the federal Civil Rights Acts of 1866 and 1968. Generally, these laws prohibit discrimination in
real estate transactions by any party because of religion, race, color, national origin, age, sex,
handicap, marital or family status.
THE ACCURACY OF ALL INFORMATION, REGARDLESS OF SOURCE, IS NOT GUARANTEED OR
WARRANTED. ALL INFORMATION SHOULD BE INDEPENDENTLY VERIFIED
WARRANTED. ALL INFORMATION SHOULD BE INDEPENDENTLY VERIFIED
Oakland & Macomb County Homes For Sale
| Joe Clemons |