possible sales agent requiring dual representation -- bargaining for agent to receive lower commission possible?

Asked by MT, Oklahoma City, OK Mon Nov 11, 2013

I am selling a property and the agent I want to list with is with one of the 'Big 3' real estate agencies, which requires I sign a consent form for dual representation. As I am uncomfortable with this, can I bargain that the listing agent accept a lower commission if the agent does indeed represent both sides of a sale? I am ok if it is someone else in the firm, but not comfortable in working with the same person as dual agent.

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Miekeba Jones, Agent, Silver Spring, MD
Mon Nov 11, 2013
My firm gives you an option. Your agreement should be negotiable as far as commission is concerned.
1 vote
James Deskins, Agent, Worthington, OH
Mon Nov 11, 2013
As time said, two agents/same firm still dual agency. Regardless, if you use one agent you might be able to get a "discount" but not as likely if you use two in the same firm (each needs to get paid vs. only one) No guarantees. Just remember, you get what you pay for. Discounted fee = discounted service. Sometimes, as in the case of dual agency, DOUBLE fee = discounted service.

Caveat emptor!

Note: in most states you cannot be "forced" to use the listing agent or another agent in that firm. You do not have to consent to Dual Agency.
1 vote
Um, I meant "Tim" not "time." Duh.
Flag Mon Nov 11, 2013
Christine Ba…, Agent, Washington, DC
Mon Nov 11, 2013
You are free to set the commission that you want to pay especially in this case, and you should ask the company broker to designate two different agents within the company to be on each side of the deal in order to avoid a conflict of interests.
0 votes
Although DC allows this ... I agree with Christine especially if you are not comfortable. I only agree with her statement: "you should ask the company broker to designate two different agents within the company to be on each side of the deal in order to avoid a conflict of interest". That is ONLY if your Agent becomes dual agent. However, you would not sign the Dual Agency agreement until this is actually the case. However, you do sign the "Designated Representation" agreement upfront which would allow for you to do what Christine suggested. Just do not sign the Dual Agency Agreement.

I have no comment on the commission.

Uniqca V. Powel
Listing and Sales Professional
Long and Foster
Flag Mon Nov 25, 2013
Tim Moore, Agent, Kitty Hawk, NC
Mon Nov 11, 2013
First of all it only needs to be ANY AGENT in the same office that makes it a dual agency, it does not have to be the same agent. When you list with a large company the chances that you will get a dual agent increase many times over. If that company has 100 agents agent #1 as your listing agent and agent #89 as the buyers agent would constitute a Dual Agency. Each would have to work equally for you and the buyer and anything one knows they must share with the other. Not the best is it?

Your idea would work, you can write in the agreement to list that if it is an in-house sale (same as a dual agency) then the commission would be X%. Yes you can do that. You can also ask for designated agency which means your agent is yours and acts as a sellers agent and the buyers agent will act as a buyers agent and the two must not share info about the others. This is not offered by all companies, and it can be obviously problematic since people talk to each other in offices.
0 votes
The argument I have read with dual agency is that if you exclude one of the big firms from bringing potential buyers to your property, then you are closing off a portion of all buyers who would otherwise be introduced to your property. If I did not consent to dual agency, is there some workaround-- do buyers agents from the same firm as my agency have a workaround? Thanks for all the help so far.
Flag Mon Nov 11, 2013
In DC, two agents on the same firm is Designated Agency, not Dual. Dual Agency in Washington, DC is only if the same agent is working both as a buyer's agent and a seller's agent. You have to agree and the confirm dual agency once the buyer's sign.

You're under no obligation to do anything you don't wish. You don't have to agree to dual agency nor do you have to agree to designated agency. It's totally up to you and you should never be forced into an agency agreement. If the agent is forcing you to sign into dual representation it's likely because he wants twice the commission.

You're the seller, you set the commission.

If you have any more questions about DC agency, please drop me a line.
Flag Mon Nov 11, 2013
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