If Dual Agency is allowed in your state do you favor it or not and why.

Asked by ., 51002 Sat Sep 29, 2007

Dual Agency occurs when a brokerage and at times even the same agent/Broker represents both the Seller and Buyer in a transaction. In Iowa it is legal.

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Stevens & Ma…, Agent, Centerville, MA
Thu Oct 18, 2012
Depends on your state laws. Call your local board of realtors.,
4 votes
My agent explained what dual agency meant. It was helpful.
Flag Wed Oct 31, 2012
Speak to your agent and they can explain. It is not a big thing.
Flag Tue Oct 23, 2012
Check with your realtor to explain.
Flag Sat Oct 20, 2012
If you use an experienced agent they can explain the different types of representation available to you.
Flag Thu Oct 18, 2012
Alan May, Agent, Evanston, IL
Mon Aug 8, 2011
I find Dual Agency (or transactional agency, or whatever your state calls it when an individual agent handles the transaction for both the buyer and the seller)... a lawsuit waiting to happen.

Dual Agency calls for the agent to be fair, neutral and even-handed to both parties, and that's not what your seller hired you for. They hired you, in part, for your ability to be a bull-dog in representing their interests. They hired you to assist with the negotiations and get them the highest price and the best terms possible. They also expected you to represent them in the negotiation for the inspection, if any credits or repairs are required.

Your buyer hired you, in part, to get the the lowest price and best terms possible, and represent them in the inspection. These two things are mutually incompatible.

And, in my opinion, it's being disingenuous, to suddenly in the middle of the transaction to tell them that I can no longer truly represent you...(even though that's what you hired me for) all I can do now is to represent the transaction... but don't worry... I'll treat you fairly.

"Fairly" is not what you were hired for, and now that you can't really aggressively represent either party, you're being rewarded with both sides of the commission.

Not what either side hired you for, in my opinion.
0 votes
Ron Thomas, Agent, Fresno, CA
Mon Aug 8, 2011
In this day of rampant legislation, it is tenuous at best:

I prefer to have less stress and concentrate emotionally and time-wise on my Client.
0 votes
Capital Home…, Other Pro, Atlanta, GA
Mon Aug 8, 2011
In my experience dual agency in a small town in GA. should not be allowed. I have seen and experienced a lot of stuff that should not be done by a dual agency and it is all about the commission. I have seen so many listings misrepresented by the listing agent and it is very interesting how 99% of all listings are sold by the same listing agent. I think it most be that dual agents have all the best listings because I am definitely amazed how this agents listings sell so fast. And when the realtors have their hands in the building market it is very interesting how their listings sell for full price, but others have to reduced their price.

0 votes
Pam Winterba…, Agent, Danville, VA
Sat Sep 29, 2007
In California it is legal to have dual agency as long as it disclosed to both parties.

Personally, I prefer being the agent to represent either the buyer or seller but not both parties.
0 votes
Linette Carr…, Agent, Wilmington, DE
Sat Sep 29, 2007
In Delaware dual agency is allowed as long as it is disclosed and the buyer and seller have the right to not accept it. After going through a dual agency (my listing and the buyer came through an open house) I would have another agent handle the negotiations.if it came up again. No matter how fair I tried to be, the buyer ended up feeling not fully represented.
As long as you aren't trying to list and sell a property yourself, I think it is fine.
0 votes
#1, , San Francisco Bay Area
Sat Sep 29, 2007
It is legal as long as it is disclosed. If a buyer comes to me and I have the full commission, I can put up part of the commission to make the deal fly.

Nothing wrong with that. Good for the Buyer and good for the Seller.

Everyone wins and the home sells.
0 votes
Carrie Crowe…, Agent, Southaven, MS
Sat Sep 29, 2007
Georgia, As Ian said it is legal in Louisiana. If I think one of my clients is a little difficult I will refer a dual agency to another agent. I have done a dual agency a couple of times with no problems. I think I prefer referring in out. Thanks for asking.
Web Reference:  http://carriecrowell.com
0 votes
Ruthless, , 60558
Sat Sep 29, 2007
I asked that question and there are about 17 posts on it:
I personally have no problem with it being the same office with different agents. It is also legal in IL. I don't know how I feel about the same agent working both sides.
0 votes
ian cockburn, Agent, New Orleans, LA
Sat Sep 29, 2007
It is legal in Louisiana. It is very important to get all the disclosures. As a buyers or sellers agent, when I like many others make it clear, (by law and in writing) whom we represent.

Acting as a dual agent can mean those with not the best intentions may stretch the truth, or not act in the best interest of their clients.

Dual agency works when the dual agent clarifies in writing what is best for their client for the particular house, in their particular circumstance. This means to an end goes well beyond trying to sell someone a commodity to make a commission. The agent should be helping show value to the client, and clarify what is an acceptable price, and negotiating with a price basis that makes sense to everyone involved.

Sometimes a price may appear to be high, but an educated buyer may be able to see this price relative to others and still see value. In the case where the asking price is not line with comparables, it is most important that the dual agent be able to show actual sales prices of comparables and empower the seller and buyer to understand the market, and make their decision that is in their best interest.

Where the dual interests meet is where the negotiated price should meet...for an agent is but a channel for the synthesis of buyer and seller.
Web Reference:  http://www.iansellsnola.com
0 votes
Dave Rivera…, Agent, Orinda, CA
Sat Sep 29, 2007
Hi Georgia,
It is legal here in California. I think the same brokerage should be able to represent both buyer and seller; there are so many large brokerages with thousands of agents that it would be to both the sellers and buyers disadvantage not to allow a brokerage representing a seller to bring a buyer. We don't feel comfortable personally representing a buyer on our own listings, though, so we would refer that out to an
agent in our office who we respect and trust.
0 votes
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