The State of Colorado Real Estate Commission has done a wonderful job of defining and differentiating the duties of a seller's agent vs. a buyer's agent. Both sellers and buyers now know that they are represented and exactly how they are represented. The rules are clearly disclosed before proceeding with any transaction or home listing agreement.

FOR SELLERS, the primary duties, services, rules on disclosures are as follows: Brokerage Services and Duties. Brokerage Firm, acting through Broker, shall provide brokerage services to Seller. Broker shall exercise reasonable skill and care for Seller.

1. Broker, as seller’s agent, shall promote the interests of Seller with the utmost good faith, loyalty and fidelity, including, but not limited to:
   1. Seeking a price and terms that are acceptable to Seller; except that Broker shall not be obligated to seek additional offers to purchase the property while the Property is subject to a contract for sale;
   2. Presenting all offers to and from Seller in a timely manner regardless of whether the Property is subject to a contract for sale;
   3. Disclosing to Seller adverse material facts actually known by Broker;
   4. Counseling Seller as to any material benefits or risks of a transaction that are actually known by Broker:
   5. Advising Seller to obtain expert advice as to material matters about which Broker knows but the specifics of which are beyond the expertise of Broker; and
   6. Accounting in a timely manner for all money and property received.
2. Broker shall not disclose the following information without the informed consent of Seller:
   1. That Seller is willing to accept less than the asking price for the property;
   2. What the motivating factors are for Seller to sell the Property;
   3. That Seller will agree to financing terms other than those offered;
   4. Any material information about Seller unless the disclosure is required by law or failure to disclose such information would constitute fraud or dishonest dealing: or
   5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property.

You, as a seller need complete and thorough representation, not the least of which is for the purpose of helping you sell your home in a way that there will be no legal repercussions after the sale. (The courts are filled with far too many lawsuits in today’s world, and you don’t want even a simple lawsuit…if there is such a thing!)