Designated agency question..

Asked by emmalina60, Milwaukee, WI Mon Dec 9, 2013

We are buyers in a purchase contract, we did not have our own agent so we used the listing agent (NEVER again). We signed a Buyers Agent contract with the listing agent, designated agency only, and he proceeded to not give us any advice or help at all. Now in reviewing the WB-36 form, it seems as though designated agency means he was supposed to have someone else at the same brokerage represent either myself or the seller, so that we COULD get advice? or am I reading that wrong?

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Lisa Packard, Agent, Brookfield, WI
Mon Dec 9, 2013
I will try to clarify for you. The seller of the home is a client of the listing broker because they have a listing contract. Once you signed a WB-36, you became a client of the listing broker as well (if you did not have a wb-36, you would be a customer not a client). The problem here is that now you and the seller are both clients working with the same agent of the listing broker, yes? In a situation like this, now the agent is not to give advice to either party and remain completely neutral. You are in a multiple representation relationship but right now do not have designated agency. You are correct that designated agency gives you your own agent to negotiate on your behalf.

Do you have your signed WB-36? You should check and see if you have line 94 initialed - that is the one that gives you a designated agent. If you initialed line 95, it means you consented to using the same broker without your own agent. If you initialed line 96, you rejected multiple representation completely (which I doubt you did).

If you chose designated agency and did not then get an agent, you should contact the broker and have them rectify this.

Line 97 notes that you can withdraw your consent by written notice to the broker at any time. Double check what you signed on for and then feel free to exercise that right of withdrawal if you need to.
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In looking some more, it looks like if the seller did not choose designated agency, even if I did, that it would automatically become multiple representation since only 1 party picked it?
Flag Mon Dec 9, 2013
Hi Lisa, I double checked, we initialed line 94 (not line 95 or 96). So, in this case, it sounds like he should have had us work with a different agent within the brokerage, for assistance with our offer/negotiations? Because it felt like we had (and still don't have) any representation...
Flag Mon Dec 9, 2013
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