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can I use the sellers agent as my buyers agent

  • April 06 2011 - Elk Grove
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Answers (9)

It's legal in California as long as you are aware and have agreed to it. I think you would by much better off with your own representation, but it's your choice.
  • June 24
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Great question!  The answer would first depend on if you are allowed in that state.  In PA, where I am we are and at first I didn't think it was a good idea at all.  BUT, I have been in multiple transactions as the dual agent and I have to tell you I do not feel it would have worked out had I not represented both parties.

Good luck, hope this helps.
  • April 07 2011
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have bought both ways.  Key is...never say anything to seller's agent that will give seller advantage.  otherwise it can be nice to have one agent in the middle instead of two.  It just depends on the transaction.  Don't pick another agent just because people tell you to do so, but do pick one if you have doubts that the agent is neutral.
  • April 06 2011
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Yes, you can.  But if you want to make sure you don't get ripped off, you want to find yourself a buyer's agent.  If you use the seller's agent then that agent will then be a dual agent and he won't be able to give you any good advice since he'll be representing both the seller and you.  If you find yourself a buyer's agent, they will make sure your best interests are represented in the sale.

Marcin
  • April 06 2011
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Yes, but my recommendation is, don't.  Once the listing agent is acting as a dual agent, you can pretty much kiss firm negotiations goodbye.  The listing agent will usually end up with double the commission but you and the seller only receive "half" the representation you deserve.  It doesn't seem fair to either party.  I personally stay away from dual agency except for very special circumstances.  


Oggi  Kashi
Paragon Real Estate Group
CA DRE 01844627 
  • April 06 2011
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Yes, it is legal.  But consider how can one carry on their fiduciary confidentiality if they know all of the details from both parties. Which needs have the greatest impact?
 It is difficult to represent both the buyer and seller simultaneously in the same transaction.
  • April 06 2011
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Yes you can, the agent then becomes a dual agent and has to disclose that to both the buyer and seller. Every listing (sellers) agent wants to be a dual agent. It can be a tricky situation for some realtors because when they listed the property, they were the sellers agent and their fiduciary responsibility is with the seller. Now their fiducary responsibility is with both parties.

When I list a property I ask the seller not to tell me their bottom price just in casr I have to represent both the buyer and seller. While in the capacity od a dual agent, I also ask the buyer not to tell me how high they will go either.

A dual agency does have advantages as the realtor is able to correspond with both parties and obtain quicker answers. The dual agent also has more information on the sellers property than most buyers agents do, and are better able to answer the buyers questions.

I have been a dual agent and the transactions have closed smoothly.
  • April 06 2011
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Would you go to court without your own attorney?
  • April 06 2011
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You can but it's not always in your best interest. The seller is paying the listing agents commission so who do you think will be the agent's fudiciary responsibility? You're better off getting a buyer's agent to represent you.

  • April 06 2011
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