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Paul Howard's Q&A

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  • Answers (19)
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Paul Howard wrote:

When am I bound to an agent, can I get out if dual agency?

Answer
You can find a buyers agent by going to the website of the National Association of Exclusive Buyer Agents. The website is here:http://www.naeba.org   to get directly to the form to request an agent list to interview go to http://www.naeba.org/find-an-agent.aspGood luck.
2 days ago
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Can you trust a dual agent realtor to work on behalf of the buyer?

Answer
"split agents" , now that is a new made up term apparently intended to confuse the issue.  Traditional agents (which you are calling 'split agents') may indeed work as a buyer's agent - IF and only if, the buyer does not want to see a home that agent's company listed - something they can not know when they begin the process --- unless that company is an exclusive buyer representation office.  The definition of an exclusive buyer agent is an agent that works for an exclusive buyer representation office.There are those who strive for ambiguity and obfuscation.Then there are those who offer disambiguation and clarity.
July 21 2011
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Can you trust a dual agent realtor to work on behalf of the buyer?

Answer
To say nothing of, it is deceptive to put a hotlink to 'buyer's agent' when what you find when you get there is the lack of any disclaimer that the person may not be in a position to act as a buyer's agent.You shouldn't advertise a service without a disclaimer that you might not be able to provide the service to the person seeing the ad.
July 20 2011
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Can you trust a dual agent realtor to work on behalf of the buyer?

Answer
The only 'agent' that got the answer about the agency part of the question right was Dennis Knight.Anyone that says dual agency can be done and provide a great outcome for all concerned or even implies that they are working for one side over the other either in intentionally misleading the consumer or are so misinformed about their legal duties that they are violating the law.No matter how 'good' an agent is they can't use their skills to benefit either the buyer or seller to the detriment of the other if they are a dual agent.  If I have someone represent me I don't expect them to be working for the other side too.
April 28 2011
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I entered my house for sale but the street number does not show up in the listing. How can I fix it?
The street number is 203.The listing is at: http://www.zillow.com/homedetails/Somerset-Ave-Merchantville-NJ-08109/2127920849_zpid/Also, how can I fix the photos. They don't all show up and the first one is blurred.
February 27 2011
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Dual agent

Answer
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
February 14 2011
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Dual agent

Answer
Tracy, this is NJ - not a designated agency state. Even if it was the company and broker of record are still dual agents.
February 14 2011
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Dual agent

Answer
Did you actually sign the offer?Did you sign any document consenting to dual agency? 
February 14 2011
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Dual agent

Answer
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.
February 14 2011
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Dual agent

Answer
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.
February 14 2011
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