But, if you are buying a home and decide to work with the listing agent as a "dual" agent for you and the seller, I'm sure some of what you say will be communicated to the seller as well. Whether this is right or wrong.
Lance told you it's probably smart to have someone represent your best interest, and that is exactly what you should do. Hire an agent whose sole obligation is to look out for your best interest.
Dave Tap Tapper
This is a perfect example of where a Dual-Agency can introduce conflict. To avoid this conflict of duties, a Dual-Agent may not place either client into a beneficial position over the other. For example, a Dual-Agent can provide the price of a home but canâ€™t provide advice as to the appropriateness of the price. Another example might be where a Dual-Agent performs a Comprehensive Market Analysis. The findings can be shared, but not interpreted to either client.
So there is little reason not to hire your own agent.... and that agent usually works for free unless or until you complete a transaction with you. So why not interview a few until you find someone you trust to work hard in your best interest?
It is important when speaking with the listing agent that you choose your words wisely, while remaining honest and ethical. Good luck with your transaction!
TRI Coldwell Banker, SF's #1 Office
The only people that should ever enter into a purchase without representation are sophisitaced and experienced in multiple transactions with a good understanding of the law, negotation and contract language.
The dollar amounts are high, the risks and loss can be huge and the ramifications of the wrong action or even saying the wrong thing can be life impacting.
This is something that makes dual agency a touchy situation. California law allows dual agency, but how do you effectively represent both parties? Everyone feels differently about the issue, but dual agency philosophically changes the nature of agency relationships.
Hope that helps...
Take care and good luck!
McGuire Urban Bay
First of all, I don't recommend having the same agent/broker representing you on both sides unless you have absolute faith in that person's integrity. We rarely do it because of an implied conflict of interest even though it's legal. That said, your agent/broker shouldn't tell anything to the seller without your approval first. I'd like to see that ad because it doesn't make sense.
Beth is right about confidentiality. The way the dual agency is supposed to work is that neither the seller nor the buyer gains an advantage because of the dual agency. That means the agent shouldn't tell you anything not authorized by the seller as well.
With the little information you've given here it sounds to me like you need a different representative as this situation gives a significant advantage to the seller. Why would you want everything you say to go straight to the person on the other side of the table? I would interview three reputable agents/brokers and find someone who is going to represent YOUR interests.There are several who regularly post on this board, and we're always happy to give no-strings consultations.
Lance King/Managing Broker