I think I me be in a dual agent situation.It's confusing me to know who's working for whom because the house

Asked by L Butler, Buffalo, NY Sun Mar 8, 2009

listing was expired but the listing agent whom I went to to find commercial property showed me this place. Now another broker in same agency is representing seller. The agent originally told me that the expired listing price was too low, that the buyer wouldn't accept the price and encouraged a higher offer from us. I'm wondering how to clear this up. Any suggestions. Thank you

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Donald Mituz…, Agent, Chappaqua, NY
Wed Nov 17, 2010
Your question is a bit confusing. Is this a commercial property or residential? If it is residential then the agent you are working with should have explained agency relationships at your first substantive contact. If the agent is representing you with an offer and the property is listed with anyone in his firm then your agent could be a designated agent in a dual agency situation. An agent who is a Dual Agent is actually representing both parties in a transaction. Check out the NY DOS agency disclosure form at http://www.dos.state.ny.us/forms/licensing/1736-a.pdf I think it explains it quite well.

Don Mituzas
Licensed Associate Broker
Prudential Serls Prime Properties
Web Reference:  http://www.nyhomeseller.com
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Ralph Windsc…, Agent, Hauppauge, NY
Mon Mar 9, 2009
In NY, the agent showing you the property needed to explain the agency relationship BEFORE any substantive discussions with you about the property and had you sign a NY agency disclosure form. Did you get a copy? If not, request one from the agent who showed you the property. If the agent who showed you the property was initially the listing agent, that agent could not have represented both you and the seller. He/she probably represented the seller and therefore there was no dual agency. If you had requested representation, it was up to the broker to designate another agent in his office to represent you. I hope this helps. Good luck.
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Penny Boyles, , King, NC
Mon Mar 9, 2009
Dual Agency must be disclosed to all parties and written confirmation from all parties BEFORE an offer is written. If you are not comfortable with the current situation, contract with a Buyers Agent. You may need to speak with the Broker-in-Charge at the real estate agency to voice your concerns.
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Gail Gladsto…, Agent, 11743, NY
Sun Mar 8, 2009
Who is listing the property now? Are you represented by a Realtor? Make an offer (if that's what you want to do) through the Realtor who is REPRESENTING YOU and let him/her hash iti out with the listing agent..
Web Reference:  http://GailGladstone.com
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Michael Wich…, , Hamburg, NY
Sun Mar 8, 2009
First of all you should have been presented with the New York State Agency Disclosure form, and it should have clearly indicated what type of agency relationship you have with the agent. [Sometimes in an effort to have each party receive full representation a listing agent who finds him/herself with both seller and buyer will ask another agent to represent one of the parties.] In any case it should have been made clear to you what was happening; if not do not hesitate to ask or call the office's managing broker to help clarify.

As far as your offer price, ask your agent to do a Buyer's CMA for you to help you determine a fair market price for the property. In the end the offer price belongs to you. And if you feel you are being "encouraged" to offer more than you feel the property is worth seek out an agent who will work with you and for you.
Web Reference:  http://www.MikesAllRight.com
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J Douglas Mo…, Agent, Douglaston, NY
Sun Mar 8, 2009
Did you see the house when the property was listed? Did you sign an agreement to pay a "Buyers Broker" and were you still in the midst of that contract?

Once a listing is expired, it is fair game for all. Unless of course you had seen it while it was listed. There are usually sections of the contract that address this situation.

If you are dealing with two different agents from the same company, you may well be involved with Dual Agency. This is where you are represented by one, and the seller is represented by the other. If you are confused call the company and speak with the owner or the broker of record and tell them that you are unsure what is happening in the transaction. You have rights if the company you are working with is part of The National Association of Realtors.....

Best of luck, if you have more questions post them and you will receive tons of advice..

Very truly yours,

Home NY Corp.

J Douglas Montgomery
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