There's a property I'm interested in but as it turns out, it is a property listed by our realtor..so...the

Readytobuy
Home Buyer
08534

realtor would be a dual buyer/seller agent. The price of the home is overpriced. How do I get the best deal in this situation?

Answers (33)
Best answer: John Sacktig
First to answer: Jennifer Kin…
Debbie Rose
Agent
Livingston, NJ

Bill...........If we're going to be a foresome, I hope we get a good tee-off time!

Thu Aug 6 2009, 15:16
William Leigh H...
Broker
New Jersey

Hi Readytobuy: Couldn't resist having my name in a sequence with Sacktig and Rose. If Verbeyst checks in, it will be a foursome who really have the Right Mental Attitude (RMA.)

You see, I believe there are only two kinds of agency. Me Agency and You Agency. A good You Agent will enable his client(s) to get the best house in the best deal. Since no one knows what the "best price" might be, even the seller, any agent promising that is whistling in the dark. Knocking an extra few thousand off and ending up with a seller who resists fixing any problem and every step of the way may be a lot worse price than getting a seller who feels that they have gotten a good deal and want to be sure that every thing is 100%. I've seen a seller scrubbing out and sanitizing an included refrigerator at 3 AM the day of closing because she wanted the buyer to get the best possible that she could give. The reason I was there at that hour was to replace a cracked mirror in the bathroom, one that had not been tagged as deficient in any inspection but that just wasn't good enough in the seller's mind. She asked for my help and I gave it.

Yes, there are Me Agents whose goal is to make the most money they can regardless of the client's needs but there are people like that who are buyers and sellers too.

John Sacktig has already refuted all those ugly and for the most part untrue statements by people such as Justlooking30. A Dual Agent has specific instructions from the state as to what they are allowed to do. They further have the ethics code of the Realtor organization for guidance. Most good-hearted people want to do it the right way. If you find someone who isn’t and doesn’t, they won’t be any different if they are a buyer’s or seller’s agent or a dual agent. They’ll still try to get everything they can for as little as they can give.

I think (and sincerely hope) that you will be able to endorse that the agent you worked with did everything to bring both the sides together in a meeting of the minds to both party’s benefit and then worked hard to bring the deal off.

Best wishes in your new home.

Bill Holt

Thu Aug 6 2009, 10:37
Debbie Rose
Agent
Livingston, NJ

Haha ....John - your answer made me smile! Bravo!

Readytobuy.........great to hear you bought a home - Best wishes, and enjoy many years there!
I am glad you stayed loyal to your agent, and saw that dual agency is nothing to be frightened of when handled in a professional manner !
Thumbs up to you!

Good luck with the move....you sound like a very nice and honorable couple!
Debbie Rose
Prudential NJ Properties

Thu Aug 6 2009, 09:04
John Sacktig
Broker
East Brunswick, NJ

Readytobuy -

I guess you have to change that screen name to Alreadybought !

Were there any issues that came about because of Dual Agency?
Did you feel alone, afraid in the cold while being represented by your Dual Agent? Did your agent cheat you? Lie to You? Did your agent hide a multitude of issues? Did you find out the home seller was devious and held your Dual Agent to keep all information private and not discuss it with you?

-or- did you buy a house and you had an inspection, the issues presented themselves and you worked together with the seller to agree to buy the house?

Sorry about the drama in the above.. but as you may have noted here.. there are these knucklehead agents that want people to believe that buying a home is warfare and sellers lie, cheat and steal from people buying homes and that if an agent acts as a dual agent they are just as devious and bascially lie and cheat these same buyers. As it turns out, I noticed that these knucklehead agents are the ones walking the line.. saying one thing and doing another.


Good Luck with your new home!

Thu Aug 6 2009, 07:35
Readytobuy
Home Buyer
08534

Hi, thanks for all of the great advice. We got the house at a price we are OK with. We decided to stick with the dual agency. We really like our realtor and couldn't see switching with good conscience. We decided to just be aware of what a dual agency means and not to hold back on questioning anything that seemed "a bit off". This was the right option for us vs. switching to another realtor and having our realtor lose commission. We felt that would be a slap in the face that we just could not bear to deliver...

Thu Aug 6 2009, 06:55
Laurie Mindnich
Agent
Riverhead, NY

Justlooking30, I gave you a thumbs up because you are the only one that seems to make sense on this post. Thank you for saying it better than most can- myself included. Hopefully, Readytobuy, it makes sense to you, as well.

Web Reference: http://optionsrealty.com
Fri Jul 3 2009, 17:57
John Sacktig
Broker
East Brunswick, NJ

Readytobuy..

What is the result? Did you make the offer? with the listing agent? Another agent?
Please give us an update!

Fri Jun 19 2009, 13:33
Justlooking30
Other/Just Looking
Wisconsin

From a buyer's perspective, I have friends that have bought using dual agency but I would be extremely wary of doing so myself. If you have been working with your agent for awhile, you have given them information that they wouldn't normally have access to as a seller's agent (I understand the argument that some agents share information anyway, that doesn't make it right). I would prefer that realtors represent either one side or the other on a permentant basis, but I realize that's an unrealistic expectation.

Regardless of how it ends up, your current realtor is going to have foreknowledge of your situation. However, he is currently BOUND to get the highest price he can for his listing. And I respect that. A buyer's agent has at least a stated commitment to represent you and your interests, and their reputation and future referrals is based on part on their ability to protect you against something that might bite you in the butt later on. Whereas, if the seller's agent warned you against something they didn't LEGALLY have to, they would be actively working AGAINST their seller's interest.

Honestly, I don't think this has to be a contentious issue. Explain the situation to your realtor, that you're wary of dual agency, and would be comfortable being represented by a buyer's agent from another agency. They'll still get their listing agent commission, and their experience with you should help them make it a quick and painless purchase. If they refuse, go to their broker/manager, and respectfully ask to be removed from the buyer agency agreement. You'll probably lose your chance on the property, but you have a much better chance at getting a future property free from these possible conflicts of self-interest. Good luck!

Thu Jun 18 2009, 11:22
Randy Hurley
Agent
Morris County, NJ

Hello Readytobuy,

Just out of curiosity, were you able to resolve the issues? Did you buy the property, walk away, get a new agent????

Randy Hurley
Coldwell Banker Residential Brokerage
e-mail: Randy.Hurley@CBMoves.com

Thu Jun 18 2009, 10:44
J R
Agent
New York, NY

As far as I know, the only ones who make “ghost ID”s are the trolls who bash the realtors. As long as I’ve been here, there have been many who’ve had their accounts removed. I don’t know any realtor who’s had their account removed.

Tue Jun 16 2009, 13:36
William Leigh H...
Broker
New Jersey

Readytobuy: Unfortunately, in raising a question, the visitor to this site opens the door to the many varied opinions as to the correct answer. This can lead to dialogs that range far beyond the scope of the question itself. The result can be confusing answers and in some cases abusive statements by a few misguided souls. For that, I apologize.

I’m very glad that Ken Verbeyst got to answer Francesca before I did. He was, as usual right on the mark. Mr. Verbeyst may not know it, but I have given him a thumbs up in the past. I have never met him or done business with him.

I only know of one person who has given me a thumbs up, and that was another agent whom I never met and who is now semi retired and living in Florida. The thumbs up, in that case, came from someone 1200 miles away!

If Ms. Patrizio feels that the industry is peopled with those whose actions are as she describes, I wonder why she stays in the business, unless of course, she feels at home in the kind of environment that she imagines.
Bill Holt

Tue Jun 16 2009, 11:26
Kenneth Verbeyst...
Agent
Princeton, NJ

Francesca, PLeeease
To do what you are suggesting (making ghost id ??) in order to boost ratings would give viewers a false impression. This would be a clear violation of the code of ethics we are all bound to. If you happen to have knowledge of this ,report it to real estate commission.
I see many posters who have multiple postings yet only some receive thumbs up. Is this a clever ploy to to hide such a devious trick? I would never instruct someone to "ignore the thumbs up" nor would I advise them to ignore postings that are absent this "prestigious" mark. In the past year plus I have posted to this site, I believe I have given about 4 thumbs up (if that). I only know of 2 of the sources totaling 3 for thumbs up (not sure hom many I have, it really doesnt matter to me) I knew none of the posters who gave me a best answer. ( some of those were no better than other postings in my opinion)

Kenneth "Ken" Verbeyst CRS GRI ABR SRES GREEN
Broker Associate NJ
Licensed sales person Pa
Prudential Fox&Roach
Princeton
member Mercer County Top Producer Assoc
Prudential Chairman level 03,04,07,Presidents 01,02,05,06,08
(licensed realtor 10 years,landlord/investor 25 years, )

Tue Jun 16 2009, 08:05
Francesca Patri...
Agent
Wall Township, NJ

Oh, boy, yet another sickening post that seems to be more focused on who's right and who's wrong than the poster's question . . .. as a result, I choose to abstain from direct commentary except to say to you READYTOBUY ignore the thumbs up.

Unfortunately, most often the thumbs up are given to friends and colleagues to boost each others' Trulia ratings in an effort to gain the public's trust. Another common practice is that which posters themselves create what I will call "ghost" IDs and give themselves thumbs up - again in an effort to boost their Trulia ratings. Take note of posters that have answered X number of questions, yet have 100+ more "useful" answers. Can anyone really be that perfect? Real Estate certainly wouldn't be my first choice in careers if I was that perfect!

It's no wonder salespersons in the RE industry have a bad name before they even get started!

Love and Peace,
Francesca Patrizio, Realtor, ePro
Francesca@PatrizioRE.com

Sun Jun 14 2009, 18:04
Laurie Mindnich
Agent
Riverhead, NY

If Readytobuy felt that the property under consideration were well priced, and there was a full comfort level with the agent with whom he's engaging that he/she'd get the property without having to worry about overpaying, the question re. dual agency wouldn't have come up.
If there's a question mark, I stand by the reality that the only way to come up with the "best" pricing is to engage someone for whom that is the primary goal, not someone juggling the interest of the seller with the itnerest of the buyer. It's not rocket science, and 25 years in real estate have demonstrated (opinion, and to my satisfaction) that keeping it simple by having separate advocates provides a better outcome for both parties.
Clearly, a point of contention, but there are valid reasons for the contention.
No insults thrown- just reality. RTB has plenty of input at this point- I hope that it works out for you.
New York actually has a warning re. dual agency for consumers- it's not there because dual agency is a breeze; it's there because it can be a bad plan, and needs complete comprehension from ALL parties that engage.

Web Reference: http://optionsrealty.com
Sat Jun 13 2009, 06:44
Kenneth Verbeyst...
Agent
Princeton, NJ

Ready
are you still out there? best answer was labeled quite a while ago.
Call it vanity or perhaps honesty to a fault, but I have and often do successfully act as a dual disclosed agent. In a company of over 3000 it would be hard to avoid all our listings and would seem like a disservice to both my buyers and my company's sellers if I couldnt bring them together. NJ also has transaction brokers who represent no one. To me that is far worse. As licensed agents we must disclose material defects about the homes we sell. Closed sales are public knowledge and should also be made known both good and bad as that is the fair way to do business. I do not need to know what the most my client will pay or least they will sell for as this could change anyway. I only need to know they can sell at the price I list their home for. (any agents out there not disclosing short sales?)
In representing buyers we must know that our clients can afford to pay the price they offer and how it is that they can afford it. This is not confidential. (unless we go beyond what is needed ie they just inherited $1M so they can afford .5M) We need to know that we can close on time. Again this isnt confidential, it is a term of the contract.
I have seen buyers steal homes when in dual disclosed agency situations and I have seen buyers pay well over what I felt they should have. It isnt the type of agency, it is the agent, client,attorney lender,inspector...who will get you the best deal.
In my earlier post way back when, I asked if you had already seen the home. If so you were already in a disclosed dual agency situation. Did your agent not explain this to you before showing you the home? They should have!

Wed Jun 10 2009, 14:27
Marc Paolella,...
Agent
Succasunna, NJ

To clarify,

A listing agent can definitely show and promote his company's listings without running into a dual agency. Simply give the customer a CIS, do not ask procuring questions, tell the buyer not to reveal personal details, and show away! Concentrate on what your seller hired you to do, rather than trying to generate a buyer for yourself.

Now, if the buyer decides they want to make an offer, it is now time to advise them to select an agent from a different company. Or, with their permission and full disclosure, go ahead and refer the client to an outside agent and perhaps get a referral fee if it can be arranged and properly disclosed.

Do not refer to your broker or your manager or another agent in your company. Refer it OUT, as in all the way out.

By doing this, everybody is properly represented and MORE IMPORTANTLY: GETS PROPER ADVOCACY AND UNDIVIDED LOYALTY.

"Fair and honest treatment" is NOT ENOUGH. Without advocacy and undivided loyalty, a truly ethical result cannot be achieved.

-Marc

Marc Paolella
Relocation Director
Member, Worldwide ERC
Licensed Realtor NJ
Licensed Appraiser NJ & NY
Century 21 Joe Tekula Realtors
Agent of the Year 2008
Owner: Sands Appraisal Service, Inc.
Phone (direct): (973) 584-4235
Search the Garden State MLS: http://www.marcpaolella.com/SearchMLS

Wed Jun 10 2009, 13:58
Randy Hurley
Agent
Morris County, NJ

Dear Readytobuy,

With all of this ongoing dialog, it seems like you have gotten quite the education about Dual Agency. Hopefully the issue is clearer now than it was just a few short days ago.

That written, have you spoken directly with your agent about this issue? If not, you should. In fact, in order to make sure you are comfortable with the situation, make an appointment with the agent and their manager. Both of these people work for you and should be able to answer to you!

You want to get the property at the best price and your agent should be working hard to get you the best price! By the way, if you still feel that the home is overpriced then you always have the option of walking away from the deal. If you then feel as if the agent was not working in your best interest then you have the option of finding a new agent.

Please let me know if this was of help.

Randy Hurley
e-mail: Randy.Hurley@cbmoves.com

Wed Jun 10 2009, 13:35
Debbie Rose
Agent
Livingston, NJ

HI again Ready!
Just for the record, and to clarify, I didn't mean to concern or confuse you with bringing up the issue of "procuring cause". That is an internal issue that would be determined and worked out between the agents and their companies. It would not affect your transaction or purchase. No agent "owns" their client, so anyone (without a signed agreement to the contrary) is free to do what they feel is in their own best interest.

Good luck to you..
Debbie

Tue Jun 9 2009, 11:39
Debbie Rose
Agent
Livingston, NJ

Hi Ready

You will get the "best deal" if you proceed as an informed consumer. Your agent should be more than happy to show you comps and educate you - just like she tried to educate the sellers! As mentioned, in NJ we are disclosed dual agents ANYTIME we show a company listing - it doesn't have to be OUR listing. If you are passed off to another agent in the company, they are still acting as disclosed dual agents.

Just to explain to my fellow agents from other states ( perhaps from what I have read here some NJ agents need to learn this, too) , in NJ, prior to working with a client (buyer or seller) we are supposed to hand them a NJ "Consumer Information Statement" - and have them sign it. This explains that we will be working with them as a buyer's or seller's agent OR as a disclosed dual agent IF the opportunity arises. The "opportunity arises" whenever we show a company listing. This signed form spells out what the rights of the client are, and also allows us to show company listings, including our own. When we list a home, the seller must sign a disclosed dual ageny agreement - if they don't sign it, then NO ONE in the company can show the home.Obviously most everyone signs this form. If the buyer wont sign the form and allow us to act as disclosed dual agents, then we can't show them company listings, either.

Just out of curiousity - To the NJ agents here who don't believe in dual agency - does that mean you never show your company's listings to your buyers???

As an aside, the irony is, I find many buyers who think they are smooth and suave, and look to work with the listing agent, as they think they will be getting a better deal - ie: maybe save some money as they think we will reduce our commission since we are making both sides of the deal.. I quickly tell them that if I sell them my listing, I will be doing twice the amount of work, and will certainly earn my full commission!!!

Personally, I prefer not to sell my own listings - it can be delicate to wear 2 hats and make sure each side feels comfortable, but i certainly won't walk away from it, nor will I simply hand off my client to another agent in another company. Hand off my client to a stranger in another company?????? Why would I do that? Why would I abandon them after all the time we most likely have spent together.? I have never EVER seen an agent do that. I work hard to develop a good and honest relationship with my buyers & sellers. And, no one puts a deal together unless BOTH parties are satisfied.

If I am in the position of showing my own listing, and my buyer is interested, we have the option (in my company) to allow another agent to sit with the buyers (or sellers) and counsel them, if they so desire. - we're still disclosed dual agents, though. In multiple offer situations, if I have my own offer, usually my manager or another agent will sit in on the negotiations, and counsel the seller. This ensures that it is an even playing field for the other agents and everyone involved.

Dual agency dictates that neither party's rights are put above the rights of the other party, and that everyone is treated fairly. To be perfectly honest, I have seen so called buyer's agents disregard their fiduciary responsiblity to their client and share more information than they should - conversely, I have seen sellers' agents blab too much, and do the same thing. One's "title" in the transaction doesn't insure proper, or the best representation. The integrity and professionalism of the agent is what counts.

So Readytobuy - if you like your agent, then trust them to work with you in a fair and professional manner.......if you think the house is overpriced, then make an offer you feel comfortable with, and see how the seller repsonds. That's called NEGOTIATING!! It's what we do! You have nothing to fear.
Best of luck........
Debbie
Prudential New Jersey Properties

ps...just for the record, Readytobuy - truthfully, if you have already seen the house with your agent, and you decide to jump ship for whatever reason, your agent may very well take this to arbitration, as they certainly were the procuring cause for you finding and pursuing the home, and might be entitled to the full commission.

Mon Jun 8 2009, 22:51
Alan May
Agent
Evanston, IL

I do not practice, nor am I an advocate of dual agency.

If you look at just THIS thread, you can see that it's rather a contentious issue, and agents can't manage to agree amongst themselves, whether dual agency is okay or not. Knowing that it's a "concern"... why would you voluntarily sign-on for some additional controversy.

Explain to your buyer's agent that while you like him, you don't want to become embroiled in a dual agency situation because you understand that it can put everyone into a tenuous situation. In Illinois he would be allowed to "designate" you another agent to represent you fully. (I don't know if NJ is a "designated agency" state, or not... you'd have to check that out, ... maybe one of the NJ agents here can answer that question).

I make no statement as to the competency of those agents who are pro-dual agency. I'm sure they are excellent agents and fully believe that dual-agency is acceptable. We simply have a difference of opinion.

Mon Jun 8 2009, 05:47
J R
Agent
New York, NY

You have some choices: you can get an agent you don't know, from another company, and avoid dual agency, or you can work with the agent you are familiar with, especially if you trust them. Your agent is probably aware the home is overpriced also, ya think? Your agent may have wanted to list it lower or reduce the price. You seem to be aware the home is overpriced, so you probably are able to put in an offer based on what you know. Get comps, from the agent AND on your own and make an offer. As William said below, negotiations thru the listing agent usually go smoother and faster as does the followup after contract. Good luck.

Mon Jun 8 2009, 05:26
William Leigh H...
Broker
New Jersey

Readytobuy: John Sacktig is 100% on this one. Laurie is batting, as usual, 0! She doesn't even seem to know what she doesn't know. Jennifer, from Illinois, is also dead wrong. In NJ, the agency holds the contract and ALL agents in that office become the seller’s agent and can only act as a seller’s agent or dual agent on that transaction. They simply CANNOT become buyer’s agents. Michael Rayno is also 100% right.

Finally, if a Realtor takes on a dual agency role, that means he or she does the work of two agents, and a large part of this work is communication. There is one less step in the process, most times resulting in less misunderstanding and faster transmission. All that SHOULD result in MORE value for the commission paid, don't you think? Additionally, the agent has to do dual follow up and assist both the buyer and seller in getting all the tasks done before closing.

Ms Thuman, is a nice woman, and she works in one of the top listing agencies in Mercer County. If she argues against dual agency, she denies ALL her buyers access to all of the agency’s listings, because she MUST be a seller’s agent or dual agent for all of the agencies listings. SHE CANNOT BE A BUYER’S AGENT IN ANY TRANSACTION WHERE THE PROPERTY IS LISTED BY HER AGENCY! She cannot even show a listing without creating an agency relationship, so she should not even show her buyer clients an agency-listed house. Her only alternative is to refer the buyer out to another firm and another agent who will be starting with that buyer cold, as opposed to having carefully developed an understanding of the buyer’s needs over time. Is that good service?

As a thought for you, personally, Readytobuy, you seem to be very interested in getting the absolute best deal, no matter what. On the other hand, you seem to be absolutely opposed to your agent getting what you consider a good deal as well. (See above for a different viewpoint.) Isn't that being what is called a dog in a manger to begin with and being somewhat greedy to end up with? There’s nothing wrong with looking for the best deal to be sure but sometimes value for money is way better than the cheapest suit on the rack!

Bill Holt

Mon Jun 8 2009, 04:42
Bill Eckler-Flo...
Agent
Venice, FL

Ready,

Since you know the agent, the advantage ofter percieved as going to the seller, may be neutralized. Our recommendatio is to speak directly with the agent expressing your concern about the inflated price. Request that they provide you with ALL of the comps for similar property recently sold so you can formulate a position that is an accurate reflection of the current real estate trends for your area.

The biggest mistake you can make here is to assume the agent will/can not be flexible and deal with arriving at a fair price. Today's asking prices are often not backed up by facts but represent a "pie in the sky" amount the seller feels they need to get.

Our advice, don't scrap the agent until you have a reason to and ignore the asking price and go with the information you have that represents the current market.

Good luck
The Eckler Team

Mon Jun 8 2009, 04:30
Shalu Thaman- R...
Agent
Princeton, NJ

Hi Readytobuy,
You may not know this unless you trackback to the "dual agency " thread here.; which BTW got very heated.......John Sacktig essentially being very much in favor & Marc & I & another agent from Cherry Hill Nj argued against it.
The premise was simple.........one cannot be human & negotiate for 2 people at the same time .....or something like that:-).
So it is upto you to decide what kind of representative would you prefer in the decisionmaking for a home purchase........A 'middleman' or someone exclusively working for you.

To a sellers agent.........the seller is always the client........you as the buyer would be the 'customer'.
A consentual dual disclosed agency may be established ( as in your situation).......and the agent may just be the intermediary, for he/she would not be able to favor 1 over the other.

Sun Jun 7 2009, 22:21
Marc Paolella,...
Agent
Succasunna, NJ

Readytobuy,

This is a simple and straightforward situation. You explain to your agent that you do not want to be subject to dual agency, because you recognize the pitfalls and conflicts of interest that would be an unavoidable consequence.

You then seek a buyers agent from another company to handle the negotiation on this purchase. Your agent should have no problem with this. If you were my client, I would happily send you to an outside agent since dual agency is a bad deal for everyone, including the agent who is willing to throw away ethics and undertake it.

Keep in mind though, that your new buyers agent must be from totally outside the agency you are dealing with now. If someone else in the same company is utilized, it is STILL dual agency, and a bad deal for you.

Good luck! Google dual agency. Avoid dual agency. Be happy!

-Marc

Marc Paolella
Relocation Director
Member, Worldwide ERC
Licensed Realtor NJ
Licensed Appraiser NJ & NY
Century 21 Joe Tekula Realtors
Agent of the Year 2008
Owner: Sands Appraisal Service, Inc.
Phone (direct): (973) 584-4235
Search the Garden State MLS: http://www.marcpaolella.com/SearchMLS

Sun Jun 7 2009, 19:14
Vicky Chrisner
Agent
Leesburg, VA

Ready to buy - just tell your agent you're uncomfortable and ask for suggestions. If one of my clients said that, I would likely involve other agents to negotiate the contract and take myself completely out of it. Remember that your agent has a vested interest - financial and otherwise - to make sure you both get what you need from the transaction. Your agent does not want to be the thing that gets in the way of a successful transaction.

Sun Jun 7 2009, 17:57
Kenneth Verbeyst...
Agent
Princeton, NJ

If you have seen the home with your agent you are already in a dual disclosed situation and should have been told this before it was shown. If it is over priced only time will tell by how much. (either when you or someone else buys) In this market many homes are not appraising so your lender may actually save you from paying too much. (I wouldnt rely on this though) Get a good attorney and use what ever agent you are comfortable with. (preferably not an attorney the dual agent suggests as that may be just a little to close)

Sun Jun 7 2009, 17:48
John Sacktig
Broker
East Brunswick, NJ

Laurie,

Someone that is a part time agent in Long Island has no qualifications to speak to a NJ agent about the rules of agency, let alone experience.

Ready to Buy:

Here is what happens in Dual Agency : As a disclosed dual agent of both the seller and the buyer, sellers agent will be working equally for both parties to the real estate transaction and will provide all services to complete the transaction without the full range of fiduciary duties ordinarily owed by an agent who represents seller alone, or the buyer alone. In preparation of offers and counteroffers between seller and buyer, seller’s agent will act as an intermediary to facilitate the transaction rather than as an active negotiator representing either the seller or buyer in a fiduciary capacity. By consenting to this dual agency, seller is giving up the right to undivided loyalty and will be owed limited duties of disclosure, obedience and confidentiality by the seller’s agent..

So, note, the house sale number will be the same regardless of who your agent is.. this statement: " Due diligence is key to any transaction, be it with the listing agent or another agent.. you need to be smart and gain as much information about the area sales and other listings as possible to make a smart decision" that Laurie interpeted as a You do all the work simply means that you should WANT to knw what is going on and understand the comps yourself.. to make a decision.

If your Realtor is only capable of handling one side of a transaction.. Why would you work with them? would't youwant to work with a professional that can handle any and all aspects of a Real Estate transaction?

Unprofessional and uneducated part time Realtors like the one below are bad for the profession, But I am working towards changing the perception.

Sun Jun 7 2009, 10:07
Laurie Mindnich
Agent
Riverhead, NY

wow. John's advice, while favored, is absolutely horrific for buyers of homes.
If you want an agent that's going to earn his/her keep by working diligently to get you the best possible price, your worst choice would be to engage a sellers agent, who has promised to get THEM the best possible price.
Opinions are fine; common sense is better.
John's advice leaves the buyer to do all due diligence without assistance, and creates a likelihood that the listing agent will laugh all the way to the bank (at the expense of ALL parties involved).
If the agent does nothing more than pull up comps, as appears to be the MO indicated, it might be better to just have your lawyer do all of the work, and insist that the selling agent reduce the commission by half.
Evidently, there's a lack of experience behind that awful advice.

Web Reference: http://optionsrealty.com
Sun Jun 7 2009, 09:40
Michael Rayno
Agent
Ocean City, NJ

I respectfully disagree with Jennifer if the agent is with the same broker it is still dual agency.
You can ask your agent to send you comparable sales in the last 6 months for similar properties in the same area. This will give you a reasonable look at what the current property values are. You then can submit an offer that is more realistic to current selling prices.
You do not need to find another agent/office to right an agreement if you are comfortable with the honesty of your agent he is bound by our code of ethics to protect your interest.
Mike Rayno

Sun Jun 7 2009, 09:24
Readytobuy
Home Buyer
08534

Thank you. In your opinion, is it okay to have a dual agent? We have been working with our realtor for a little while now, is it fair to replace him when he stands the chance to collect double commission? How would we even go about doing this with no hard feelings. Perhaps I am too nice for real estate.

Sun Jun 7 2009, 09:24
John Sacktig
Broker
East Brunswick, NJ
BEST ANSWER

Ready to Buy

There is nothing wrong with Dual Agency. The seller of the home has a number.. regardless of dual agency.
There is absolutley nothing that will change by you going to another agent. Nothing.

Go to the agent and ask for comps of closed recent sales, these are not going to change regardless of agency, ask the agent to do a cma of the area just like he/she did for the listing.. that should reveal all that is necessary to make a realistinc offer.

Due diligence is key to any transaction, be it with the listing agent or another agent.. you need to be smart and gain as much information about the area sales and other listings as possible to make a smart decision.

Go make an offer.

John Sacktig
Broker /Manager
Orange Key Realty
Office: 732-863-6969
Cell: 732-213-1409

JSacktig@orangekeyrealty.com

Sun Jun 7 2009, 09:22
Jennifer Kinzle,...
Agent
Elgin, IL
FIRST ANSWER

Hi
I've found the best way in Illinois to get away from Dual Agency is to have your own Buyer's Agent assigned to you. This person can even be from the same office as your listing agent, but must represent only your interests. Check with your state requirements and Realtor Association to find out your particular state's requirements on disclosure and agency.

Good luck!
Jennifer Kinzle, E-Pro Realtor
Keller Williams Fox Valley Realty http://www.ElginFoxValley.com

Sun Jun 7 2009, 09:09

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