Profile picture for TriWest

You're sellers agent; listing agent. Buyer writes offer through you, are you no longer Sellers Agent

  • July 22 2011 - US
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Answers (10)

Best Answer

In some states dual agency is illegal. At the time of listing, select a "Transaction Broker" option, and you won't have any problems or will need any additional paperwork which confuses things. Seller knows who brought the buyer and buyer knows you are the listing agent...it's all spelled out on the contract.

Be ethical and do what's right and you don't have to worry about people being mad at you.
  • July 22 2011
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Profile picture for hpvanc
If it is legal in your state it give you the opportunity and a legal obligation to be a fully honest professional that treats all parties ethically and equally instead of acting as the lying, cheating, stealing, SOB thief of a salesperson that so many agents try to legally interpret the one sided agreements as.  Unfortunately they are really only one sided agreements on behalf of the agent anyway and damage all of the other parties. 

If agents had been to be self policing honest professionals in the 1st place all of these arcane and often misguided agency types that make it worse for most buyers and sellers alike these legal issues would not have arisen.  As an added benefit, agent may have achieved a better reputation under that scenario.
  • July 28 2011
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Profile picture for Sharon Lewis
Its why we hand out 'Working With Real Estate' agents and have clients/customers sign it.
Read it, it explains agency.
  • July 28 2011
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Profile picture for CallTheSisters
Dual agency is legal in my state.  We go to great lengths to explain to our sellers that there is a chance it can happen.  We do not like to do dual agency. I agree with Kim that you want to do the best job for your seller.

Recently we have been thrown into a dual agency because our buyer wanted to purchase a FSBO.  The legal mandate is "do no harm".  You can still do a good job for both parties if you follow a middle road path and both parties are of a like mind.

In the event the negotiations may be contentious it's best to refer the buyer to another agent and take a referral fee.  Under certain circumstances and conditions, that agent could be in your same office if they do not have access to the files. 
  • July 28 2011
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I'm on board with Michael Helton.  I don't work buyers for my seller's listings.  It's a huge headache and I want to do the best job I can for the one that brought me to the party - and that is the seller.  Once you start doing anything for the buyer over and beyond giving them general information about the property, you have crossed the line and cannot claim that you are working in the seller's best interest.  It is in the seller's best interest for the buyer to have their own representation.  I refer these kind of buyers to other agents in my office.  I might not get the co-op side, but you bet I'll get a referral fee for giving another agent a ready, willing and able buyer.  My advice - don't do it - sleep better at night.
  • July 27 2011
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Profile picture for TriWest
Thanks Alex and Maria!

It seems there is a gap and grey area between what we are taught or require to do under our licensing laws of each state, and what is the practical order of events that take place on the streets, or in the field.

We all go to the extreme to get our phones to ring, or to get a response from our internet presence.

We spend a lot of money to advertise, and to show a seller what we are going to do to promote and sell their home for the most in the shortest amount of time.

Buyers, many times feel we are too assertive or agressive in the presentation of our listing; and sellers many times feel the opposite towards us that we are being too passive without enough follow-up and persistence.

What a balancing act; we should be in "performing arts!"

As you said, Alex and Maria, "Seller knows who brought the buyer and buyer knows you are the listing agent...it's all spelled out on the contract."

Now, provide and explain the Information for Brokerage Services to the Buyer, write the contract, check the box that agent represents Seller and Buyer as an intermediary.

Now the hard part. Treat both parties fairly as a facilliator; being very careful on what facts are presented or disclosed to either party that might influence the offer, or hurt either side.


  • July 26 2011
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Some brokers require designated agency where you refer either your seller or buyer to another agent in the same office. Now at least each party has separate representation.
  • July 22 2011
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Dual Agency should have been discussed and disclosed before taking the offer.
  • July 22 2011
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Profile picture for Michael Helton
Most with integrity will not do both because it is a conflict of interest. 

In my opinion you cannot service both buyer and seller to 100% of your ability (and their interest) while making commissions on both.

The only time I would see it not being scummy is if it is a pre-made deal where both parties know what they want and the aent is just handling the technicalities. 

Of course a Real Estate Attorney could usually do that for tens of thousands less, so the taint of "not doing the best thing for your client" is still there.
  • July 22 2011
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As long as both Buyer and Seller are notified and agree to do duel agency.  Some Realtors won't do both
  • July 22 2011
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