Home Buying in 95014>Question Details

Potential Bu…, Both Buyer and Seller in 95014

Can a listing agent and also the owner of the house work with a buyer directly?

Asked by Potential Buyer, 95014 Wed Mar 17, 2010

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Michelle Carr-Crowe’s answer
For clarity, are the listing agent and owner the same person? Or are you referring to you talking to the listing agent and also talking to the seller directly? Most sellers hire a listing agent to be their representative and their "buffer" between them and the buyer.

Are you also representated by a buyer agent? Or are you being represented by the listing agent also, making this a dual agency?

Dual agency is only allowed when both parties have been informed and both parties agree. Hope this helps.
0 votes Thank Flag Link Sat Jul 14, 2012
Hi there.

Yes. Whether the seller and listing agent are two separate people or the same person (agent/owner) they can absolutely talk with any buyer for the home.

There are also several types of listing agreements which may come into play. An Exclusive Agency agreement means that the seller can find their own buyer for a home and avoid paying a commission but would have to pay if the agent found the buyer. This is not the typical listing agreement.

The other is the Exclusive Right to Sell Agreement where no matter what, the agent is paid a commission when the home is sold no matter who found the buyer. This is the more typical agreement.
Web Reference: http://www.atlistings.com
1 vote Thank Flag Link Thu Aug 26, 2010
You asked this back in March. How did it end up working out for you? If you were the buyer, do you feel the seller's agent treated you equally to his/her own client?
0 votes Thank Flag Link Sun Dec 12, 2010
Hi Vincent

Right the owner may have listed for 1% and left it to the owner to negotiate with the buyer.

Likely the listing agent doesn't care generally at 1%, seller wants to go laughing to the bank at
Expense of buyer.

Anyway this is from March of this year.

Perry
Web Reference: http://Www.ruthandperry.com
0 votes Thank Flag Link Thu Sep 30, 2010
please clarify..yes the listing agent may represent the seller and the buyer..but I dont see how the owner of the house is working with the buyer..all transaction issues go through a licensed agent.
0 votes Thank Flag Link Tue Sep 28, 2010
The listing agent can find a buyer and represent both sides of the transaction. It is called "double dealing" and should be made illegal. I would never, ever allow that in any transaction.
0 votes Thank Flag Link Wed Sep 22, 2010
It's not clear what you are asking, whatever it is, it doesn't sound right, do you mind clarifying?
0 votes Thank Flag Link Sun Sep 19, 2010
Did you mean the listing agent happens to also be the owner of the house?
Or did you mean can the listing agent and/or the owner, two separate individuals each work with the buyer directly?

If the listing agent is also the owner, he/she must disclose that.
If you meant the listing agent and owner are two different people, then the owner should think twice before trying to work directly with the buyer. The owner could get sued by the buyer if the owner forgets to disclose something AND the owner most likely will still owe their listing agent his commission as per the listing agreement.
0 votes Thank Flag Link Sun Sep 12, 2010
It is highly discouraged. You open a can of worms and subject to disputes, and serious charges. The cost of getting someone list a home representing a seller is a lot less than attorney fees when the handling goes out of control. Some buyers just love to set one up to gouge more.....
0 votes Thank Flag Link Mon Aug 30, 2010
Yes, but your own agent should be able to get a better deal for you through negotiations as well as
Walking you through all the issues of buying a home.

Let me know if I can help.

Best regards
Perry
Web Reference: http://Ruthandperry.com
0 votes Thank Flag Link Wed Aug 25, 2010
Yes! That kind of suitation of an agent wants be as a FSBO to save the commission but open a huge opportunity of liability. I have always hired another agent as my listing agent to sell my own property.

Grace Keng
RE/MAX RES
Web Reference: http://GraceKeng.com
0 votes Thank Flag Link Wed Aug 25, 2010
You pretty much got your question answered, The points on this are protection and liability, even if you are the seller or buyer you would want your own representation, that way if something happens it will more difficult for it to come back on you.
Hope this helps.
Regards,
Allyson
DRE# 01397256
0 votes Thank Flag Link Sat Mar 20, 2010
Disclosure is key here.....As long as it is disclosed then the listing agent who is an owner work with a buyer.
Web Reference: http://www.soreal.biz
0 votes Thank Flag Link Wed Mar 17, 2010
Yes, but if the owner is the listing agent why would you not want your own representation--your own agent can better look out for your best interest.
0 votes Thank Flag Link Wed Mar 17, 2010
I agree with Lew, hire a agent to represent you as a buyer. The sellers are paying for both parties compensation and with the help of a professional agent you can potentially save some money prior to closing. An agent can give you insight on the market you are looking to buy a home in as well as some opinions and options which is for your benefit. You also want an agent to go over all the contract(s), addendum(s) and be there for you to answer any questions you may need. Now you can ask the seller's agent but remember they are there to represent and look out for the best interest of their client.

If you have any other questions feel free to ask
Chris
Web Reference: http://www.chrissuh.com
0 votes Thank Flag Link Wed Mar 17, 2010
Yes, but why would you? You can hire a Buyer's Agent. A Buyer's Agent will be representing you and not the seller(s). Often, the Buyer's Agent will be paid by the seller.

The reason you want to consider using a Buyer;s Agent is the Seller's or Listing Agent was hired to represent the seller(s). Thus, it's his or her responsibility to sell the house for as much as possible. They will negotiate a deal that's in the best interest of the seller and not yours.

The Buyer's Agent, on the other hand, will prepare comparisons to recently sold properties that are like or nearly like the one you want to purchase. They will help you determine the appropriate range that the value of the house should be in, and help you negotiate a "fair deal."
0 votes Thank Flag Link Wed Mar 17, 2010
Of course... The listing agent can actually represent both the buyer and the seller.
0 votes Thank Flag Link Wed Mar 17, 2010
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