- Find a Real Estate Professional
- Realtors®
- Mortgage Lenders
- Home Improvement Pros
- Other Real Estate Services
- Review an Agent, Lender or Pro
- Marketing on Zillow
- Real Estate Agent Advertising
- Join the Professional Directory
- Popular
- Real Estate Market Reports
- More
Answers (13)
- Paul Howard, "paulalanhoward"
- Contributions:50
This is a great example of why buyers should select an agent that isn't going to be showing them homes their company listed. The situation you are in is far too common. If you decide to take that route I think you can find an agent that will represent your interest and possibly still go forward with an offer on the home you found - if you still want to after getting some good comps and input from a buyer's agent.
In most areas home buyers can find an exclusive buyers agent at http://www.naeba.org . They aren't available everywhere though and as long as you aren't working with the company representing the seller you should do ok.
Good luck
In most areas home buyers can find an exclusive buyers agent at http://www.naeba.org . They aren't available everywhere though and as long as you aren't working with the company representing the seller you should do ok.
Good luck
- 2011HouseBuyer
- Contributions:3
I have not yet sign the offer. When I looked over the document there were things that I wanted altered, including the earnest money. Now they're resending the offer over to me. I'm just not sure whether the price is a good one to offer, not being familiar with the market and having to rely on the agent.
- Paul Howard, "paulalanhoward"
- Contributions:50
Tracy, this is NJ - not a designated agency state. Even if it was the company and broker of record are still dual agents.
- Paul Howard, "paulalanhoward"
- Contributions:50
Did you actually sign the offer?
Did you sign any document consenting to dual agency?
Did you sign any document consenting to dual agency?
- Tracy Nylander, "The Nylander Group"
- Contributions:60
2011 House Buyer,
Dual Agency is very difficult to pull off and is even Illegal in some states.
If you are concerned that you are not being fairly represented either have the broker appoint an independent agent to represent you fairly, or go find an agent outside that firm to represent you.
Dual Agency is very difficult to pull off and is even Illegal in some states.
If you are concerned that you are not being fairly represented either have the broker appoint an independent agent to represent you fairly, or go find an agent outside that firm to represent you.
- Lee Engdahl
- Contributions:114
If you wont sign an agreement making her your agent, she is not necessarily as beholden to you as she would be if you signed to agree to her representation.
Will she allow you to have an agent other then her to represent you? If she wont, I'd sign the agreement and tell her you want representation from her.
Otherwise document everything, and if there is a future problem, you will have notes to confirm what she said, and when she said it. Make it a journal with lots of dates and times.
Will she allow you to have an agent other then her to represent you? If she wont, I'd sign the agreement and tell her you want representation from her.
Otherwise document everything, and if there is a future problem, you will have notes to confirm what she said, and when she said it. Make it a journal with lots of dates and times.
- 2011HouseBuyer
- Contributions:3
The offer to buy states that the brokerage is working with both buyer and seller acting as a limited dual agent for the buyer and seller without an assigned agent.
- Paul Howard, "paulalanhoward"
- Contributions:50
The questioner did state that they declined to sign a form saying that she is their buyer's agent as well as the seller's agent. It seems to me that since an agent CAN NOT work as a dual agent without the written consent of both the buyer and the seller the agent's only option would be to work with them as a seller's agent. This may account for the agents apparent bias. Still, buyers should have the option of choosing representation over no representation. That means finding another agent.
- Darrell Self, "Darrell Self"
- Contributions:349
In working with someone that represents both parties the agent cannot give advice or opinion to either party. This is not a great situation as a buyer to be in nor is it the best for the agent as they cannot advocate for either party. The procuring cause would be an issue for sure you might want to speak with the agents broker and express your concerns.
- sunnyview
- Contributions:25169
"A buyer's refusal to work with a dual agent (or any agent) should be enough to break the chain of events that make up procuring cause but it is not."
Amen to that. I wish more agents felt the way that you do. I think that clients should have the option to hire whatever agent they feel will represent them the best.
Amen to that. I wish more agents felt the way that you do. I think that clients should have the option to hire whatever agent they feel will represent them the best.
- Paul Howard, "paulalanhoward"
- Contributions:50
This problem is extremely common and is complicated by something called "Procuring Cause". See http://www.procuringcause.com .
Many agents think that just because they were the first person to show a particular buyer a house that entitles them to a commission. The fact that they believe that makes other agents hesitant to work for a buyer that has that hanging over them. One easy way to avoid most of it would be to require a signed buyer agent contract or a dual agent permission slip as a necessary condition to prevailing in a procuring cause claim.
No buyer should be forced to work with a dual agent.
Whether this particular agent would try to tie the buyer by claiming procuring cause or not, some other agents won't work with this buyer because they will feel they won't get paid. Sellers shouldn't be happy about this either. I've worked with more that one buyer that would no longer consider a particular house because the agent that showed it to them, told them that since they showed it first the buyer could not go to someone else.
A buyer's refusal to work with a dual agent (or any agent) should be enough to break the chain of events that make up procuring cause but it is not.
Reform is needed.
Many agents think that just because they were the first person to show a particular buyer a house that entitles them to a commission. The fact that they believe that makes other agents hesitant to work for a buyer that has that hanging over them. One easy way to avoid most of it would be to require a signed buyer agent contract or a dual agent permission slip as a necessary condition to prevailing in a procuring cause claim.
No buyer should be forced to work with a dual agent.
Whether this particular agent would try to tie the buyer by claiming procuring cause or not, some other agents won't work with this buyer because they will feel they won't get paid. Sellers shouldn't be happy about this either. I've worked with more that one buyer that would no longer consider a particular house because the agent that showed it to them, told them that since they showed it first the buyer could not go to someone else.
A buyer's refusal to work with a dual agent (or any agent) should be enough to break the chain of events that make up procuring cause but it is not.
Reform is needed.
- Michael Smith, "MichaelSmithGroup"
- Contributions:21
Client Agency laws vary per state. I cannot suggest that you seek a new representative in your home purchase but listen to your intuition. In dual agency a broker and agent cannot advocate for one client over the other. Ask to see homes listed by other brokers. Good luck
- Chad Basinger, "ChadBasinger"
- Contributions:91
Hello 2011HouseBuyer,
The fact that you feel uncomfortable is reason enough to not work with this particular individual. It's a classic case of if it smells like a rat, looks like a rat, and tastes like a rat, it probably is a rat. Not to disparage this individual because I have no idea of her qualifications, but the mere fact that you feel like you are not receiving fair treatment would tell me you should head for the hills (not literally). It would be in your best interest to interview a few reputable agents in the area you are interested in and make sure that they are looking out for your best interests and yours alone. As for what to look for in a buyers agent, you can look that up in google or reach out to me and I'd be happy to forward along some questions/topics/ideas to consider.
Best of luck!
The fact that you feel uncomfortable is reason enough to not work with this particular individual. It's a classic case of if it smells like a rat, looks like a rat, and tastes like a rat, it probably is a rat. Not to disparage this individual because I have no idea of her qualifications, but the mere fact that you feel like you are not receiving fair treatment would tell me you should head for the hills (not literally). It would be in your best interest to interview a few reputable agents in the area you are interested in and make sure that they are looking out for your best interests and yours alone. As for what to look for in a buyers agent, you can look that up in google or reach out to me and I'd be happy to forward along some questions/topics/ideas to consider.
Best of luck!
Dual agent
My realtor is also the listing agent as well as the owner of the realtor company and her husband is the broker. We are interested in buying a newly constructed house that is listed by her. (She exclusively lists for this builder for many years). When we pput an offer in for the house, I feel that she is advocating more for the seller although sshe is supposed to be a dual agent. She at the same time try to get us to sign a form saying that she is our buyer's agent as well (which I declined). She also put an unsually high amount of earnest money automatically on the offer without discussing any reason with us. We are from out of town and looked at several houses with her including this one. We did not look at houses with anyone else when we were in town. Any suggestions? I feel uncomfortable in that she likely is not advocating for us.
Stating a discriminatory preference in an advertisement for housing is illegal. If you think this content is discriminatory or otherwise inappropriate and feel it should be removed from Zillow, please let us know by completing the information above.
We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.