[quote=SD Realtor]Yes the agent does have a fiduciary obligation however that agent does work for and is employed by the seller. The obligation implies that the agent shall advise the seller, however the agent cannot make decisions that are against the wishes of the seller. I think your assumption about the agents ignoring the rules is incorrect.
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Not sure whether you are replying to me or XBoxBoy. Just to reiterate what I said in an earlier post “my understanding was that once a house was listed with a realtor, the realtor was required (either by listing agreement, ethical rules or something else) to get it up on the MLS as quickly as possible (assuming that the seller wanted it done that way).” So I don’t think that you and I have any disagreement on that point.
Xboxboy expressed his view that sellers’ agents sometimes diverge from the what is required, and I agreed. I don’t think that’s an unreasonable position – I haven’t found a profession yet that doesn’t have it’s bad apples.
Finally – the fiduciary duty requires an agent (whether real estate or otherwise) to act as instructed by the principle – that is the duty of obedience. The two can agree on whether the agent has a broad or narrow scope of discretion – but the agent’s duty is to carry out the wishes of the principle, or withdraw from the representation.
