Our Fiduciary Duties

Katchen Company adheres to the fiduciary duties as outlined by the Colorado Real Estate commission. The fiduciary duties differ between services and are listed below.

Residential Seller Representation Fiduciary Duties

Katchen Company adheres to the following fiduciary duties as outlined by the Colorado Real Estate commission:

Perform the terms of the written agreement made with the seller;
Exercise reasonable skill and care for the seller;
Promote the interests of the seller with the utmost good faith, loyalty, and fidelity, including, but not limited to:
- Seeking a price and terms which are acceptable to the seller, except that we are not obligated to seek additional offers to purchase the property while the property is subject to a contract;
- Presenting all offers to and from the seller in a timely manner, regardless of whether the property is subject to a contract;
- Disclosing to the seller adverse material facts actually known by our Company;
- Advising the seller to obtain expert advice as to material matters about which our company knows, but the specifics of which are beyond our expertise;
- Accounting in a timely manner for all money and property received;
- Informing the seller that they may be vicariously liable for the acts of our Company when we are acting within the scope of the agency relationship.

Residential Buyer Representation Fiduciary Duties

Katchen Company brokers are licensed to practice real estate in the State of Colorado by the Colorado Real Estate Commission. When we work with you to purchase a home, we adhere to these fiduciary duties:

Performing the terms of any written or oral agreement with Buyer;
Presenting all offers to and from Buyer in a timely manner regardless of whether Buyer is already a party to a contract to Purchase the Property;
Disclosing to Buyer adverse material facts actually known by Broker;
Advising Buyer regarding the transaction and advising Buyer to obtain expert advice as to material matters about which Broker knows but the specifics of which are beyond the expertise of Broker;
Accounting in a timely manner for all money and property received; and keeping Buyer fully informed regarding the transaction.
Broker must not disclose the following information without the informed consent of Buyer:
- That Buyer is willing to pay more than the purchase price offered for the Property;
- What Buyer’s motivating factors are;
- That Buyer will agree to financing terms other than those offered; or any material information about Buyer unless disclosure is required by law or failure to disclose such information would constitute fraud or dishonest dealing.

Commercial Seller Representation Fiduciary Duties

Katchen Company adheres to the following fiduciary duties as outlined by the Colorado Real Estate commission:

Perform the terms of the written agreement made with the seller;
Exercise reasonable skill and care for the seller;
Promote the interests of the seller with the utmost good faith, loyalty, and fidelity, including, but not limited to:
- Seeking a price and terms which are acceptable to the seller, except that we are not obligated to seek additional offers to purchase the property while the property is subject to a contract;
- Presenting all offers to and from the seller in a timely manner, regardless of whether the property is subject to a contract;
- Disclosing to the seller adverse material facts actually known by our Company;
- Advising the seller to obtain expert advice as to material matters about which our company knows, but the specifics of which are beyond our expertise;
- Accounting in a timely manner for all money and property received;
- Informing the seller that they may be vicariously liable for the acts of our Company when we are acting within the scope of the agency relationship.

Commercial Buyer Representation Fiduciary Duties

Katchen Company adheres to the following fiduciary duties as outlined by the Colorado Real Estate commission:

Performing the terms of any written or oral agreement with Buyer;
Presenting all offers to and from Buyer in a timely manner regardless of whether Buyer is already a party to a contract to Purchase the Property;
Disclosing to Buyer adverse material facts actually known by Broker;
Advising Buyer regarding the transaction and advising Buyer to obtain expert advice as to material matters about which Broker knows but the specifics of which are beyond the expertise of Broker;
Accounting in a timely manner for all money and property received; and keeping Buyer fully informed regarding the transaction.
Broker must not disclose the following information without the informed consent of Buyer:
- That Buyer is willing to pay more than the purchase price offered for the Property;
- What Buyer’s motivating factors are;
- That Buyer will agree to financing terms other than those offered; or any material information about Buyer unless disclosure is required by law or failure to disclose such information would constitute fraud or dishonest dealing.