What’s dual agency and why should I avoid it? – Nolo.com

Question: I’m planning to sell my home, with the help of a real estate agent. I keep hearing that I should avoid “dual agency.” What’s dual agency and why should I avoid it?

Answer:  As a home seller, you want your real estate agent to represent your interests and help you achieve your goal: to sell your home quickly, for as much money as you can get.On the other side of the table is the buyer, who’s hoping for the 
opposite: to get the property for as little as possible.As you can imagine, it would be difficult for one agent to represent the interests of both the buyer and the seller, in what’s called a dual agency.Some agents prefer dual agency, because it means they don’t have to split the commission with another agent. (The seller normally pays his or her agent 5% to 6%, and then that agent splits the commission with the buyer’s agent.) But you want to avoid dual agency. If you’re going to pay a full commission, you want someone who fully represents your interests. If an agent asks you to consent to a dual agency, flatly deny the request.Somewhat less onerous than the dual agency is a designated agency. In this situation, the buyer is represented by another agent in the same brokerage as your agent. Technically, this is a form of dual agency, because each agent works for the same broker. Unlike a dual agency, you get personal representation from a designated agent. But you must fully trust your agent to represent your interests and not divulge your bottom line to the buyer’s agent.If you’re willing to participate in a designated agency, you might request a reduction in the commission, based on the fact that the brokerage will make twice as much as it otherwise would have on the deal.See Negotiate the Agent’s Commission When Selling Your House for more on the subject.

Source: What’s dual agency and why should I avoid it? – Nolo.com

What Is Dual Agency? – Real Estate News and Advice – realtor.com

Dual Agency Cons for the Seller: Your agent cannot advise you as thoroughly when acting as a dual agent. Impartial facilitation is required.The opportunity to earn the full commission might tempt an agent to coerce a deal you would not otherwise accept.

Your listing agent cannot negotiate the highest and best price for you if also negotiating the lowest and best terms for the buyer.

Your agent might inhibit access to your listing by other agents with buyers.

Remember, every real estate transaction is different. The best way to ensure you are properly represented is to clarify your relationship with your agent either through a listing agreement or an exclusive buyer agency agreement.Once everyone’s roles are outlined, there is little room for surprises—even with dual agency.

Source: What Is Dual Agency? – Real Estate News and Advice – realtor.com

Dual Agent: A Misunderstood Concept

DUAL AGENT: A MISUNDERSTOOD CONCEPT Written by Benny L. Kass on Monday, 25 November 2013 2:27 pm

Is the real estate agent you are working with representing your interests? Is she your agent? Is he a designated agent? Is she a dual agent? Do you know, and more importantly, does your agent completely understand his/her role?For many years, the agent represented only the seller. If you were selling, you would list your home with a real estate broker – called the “listing agent”. If another broker/agent found a potential buyer who entered into a sales contract, that agent was the “selling agent”.Today, however, there are many forms of agency: single agency: the agent represents either the seller or the buyer, but not both in the same transaction;designated agency: (also referred to as “designated representation”). Here, the seller has a listing agreement with a broker and the buyer has an agreement to be represented by another agent/broker – but who is affiliated with the same real estate company.Brokers and agents in the Washington metropolitan area are required to provide disclosure of their role to prospective clients. If there is a designated representation, all parties are put on notice that the agent must not disclose information obtained in confidence to other parties in the transaction.Dual representation: (also called dual agency). Here, the agent represents both the seller and the buyer. According to the District’s disclosure form, “the ability of the licensee (the broker) and the brokerage firm to represent either party fully and exclusively is limited. The confidentiality of all clients must be maintained.”This is the area of real estate brokerage that is extremely confusing. According to a survey compiled this year by the National Association of Realtors, many agents who responded do not understand dual agency, cannot explain it to their clients and in fact do not provide the State required disclosures.In Maryland, although the disclosure forms use the term “dual agency”, in fact it really is the same as the District’s “designated agency”. The form that potential clients must sign states “if all parties consent in writing, the real estate broker … (the “dual agent”) will assign one real estate agent affiliated with the broker to represent the seller… and another agent affiliated with the broker to represent the buyer…” Agents in Maryland are not permitted to represent both buyer and seller.Virginia has a new law which will take effect July 1, 2012. It is a comprehensive approach to enhance the agency relationship disclosure requirements between agents and those they represent. Accordingly, single dual agency is permitted, so long as the agent has provided the potential client the written consequences of such practice and obtains the written consent of the client.What does the agent have to disclose?the agent will be unable to advise either party as to the terms, offers or counteroffers;that the agent cannot advise the potential buyer of the suitability or condition of the property;that the agent will be acting without knowledge of the client’s needs, or experience in real estate, andthat either party may engage another agent if either requires additional representation.The question then becomes: why should I – as a potential buyer or seller – agree to a single dual agency arrangement? What’s the benefit to me?Recently, the New York Office of General Counsel issued a memorandum entitled “Be Wary of Dual Agency”. The memo cautioned consumers that “by consenting to a dual agency, you are giving up your right to have your agent be loyal to you, since your agent is now also representing your adversary. Once you give up that duty of loyalty, the agent can advance interests adverse to yours. For example, once you agree to dual agency, you may need to be careful about what you say to your agent, because, although your agent still cannot breach any confidences, your agent may not use the information you give him or her in a way that advances your interests.”And, while most agents are honest, there is always the possibility that what you tell the agent will get back to the other side.Many brokers – and legislators who allow dual agency – believe that it is not a problem so long as buyers and sellers are fully informed and sign a written disclosure form. But in my opinion, that is not the real world. Buyers get excited about a new house and do not pay attention to the various documents they sign – including the real estate sales contract. Similarly, often the issue of dual agency arises only after the seller has signed the standard listing agreement ; the seller’s broker suddenly finds a potential buyer who is not represented by counsel or by another agent.My advice to buyers and seller. While I have serious reservations about the designated agency arrangement, I can live with it since there are at least two agents involved – one r

Source: Dual Agent: A Misunderstood Concept

BAD REALTOR SERIES #8 Judy & Nelson Horn Dual Agency – YouTube

Judy and Nelson Horn, Palm Desert and surrounding areas of Palm Springs, Realtors, developed the BAD REALTOR SERIES. The material in each of the videos is drawn from real life experiences Judy and Nelson have encountered in their careers. The purpose of the series is to educate the public to recognize unethical real estate practices. It further stresses the importance of selecting the right professional representation. This video portrays dual agency, legal in California and other states. If you are involve

Real Estate Commission College episode #2 California Dual Agency Law – YouTube

Dual agency (the double popper) or “double ending the deal” as they call it can be a very attractive proposition in real estate. You could make a ton of money in a real estate commission. You could also lose it all and waste your time. Listen to real estate attorney Attorney Steve Vondran explain California Civil Code requirements when acting as a dual agent, including fiduciary duties and full disclosure.

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