A real estate broker is a term in the United States which
describes a party who acts as an intermediary between sellers
and buyers of real estate (or real property as it known elsewhere)
and attempts to find sellers who wish to sell and buyers who
wish to buy. In the United States, the relationship was originally
established by reference to the English common law of agency
with the broker having a fiduciary relationship with his clients.
Estate agent is the term used in the United Kingdom to describe
a person or organization whose business is to market real
estate on behalf of clients, but there are significant differences
between the actions and liabilities of brokers and estate
agents in each country. Beyond the US, other countries take
markedly different approaches to the marketing and selling
of real property.
In the US, real estate brokers and their salespersons (commonly
called "real estate agents" or, in some states,
"brokers")[1] assist sellers in marketing their
property and selling it for the highest possible price under
the best terms. When acting as a Buyer's agent with a signed
agreement (or, in many cases, verbal agreement, although a
broker may not be legally entitled to his commission unless
the agreement is in writing), they assist buyers by helping
them purchase property for the lowest possible price under
the best terms. Without a signed agreement, brokers may assist
buyers in the acquisition of property but still represent
the seller and the seller's interests.
In most jurisdictions in the United States, a person is required
to have a license in order to receive remuneration for services
rendered as a real estate broker. Unlicensed activity is illegal,
but buyers and sellers acting as principals in the sale or
purchase of real estate are not required to be licensed. In
some states, lawyers are allowed to handle real estate sales
for compensation without being licensed as brokers or agents.
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