Can the seller agent serve as a dual agent? If so would that have our offer be more appealing if our offer is the same as four other offers?

Asked by Laurela26, Wilmington, MA Fri Jun 7, 2013

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Scott Godzyk, Agent, Manchester, NH
Sat Jun 8, 2013
There are advantages of using teh listing agent to buy if you are secure in your knowledge of buying and the property in which you are making an offer. if not than you should have a buyer broker to guide you and assist you with your offer
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Paul Howard, Agent, Cherry Hill, NJ
Sat Jun 8, 2013
There are a lot of reason not to use a dual agent. I'll just point out one now.

If your agent is a dual agent and your home inspection turns up defects that agent is VERY interested in you going forward to settlement. They are supposed to be neutral of course but do you really think an agent looking at receiving a double commission is going to passively watch you walk away (let alone suggest that you should if justified) from that deal. No, they will either aggressively or subtly push you to complete the purchase.
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Sarah Goulart…, Agent, Plymouth, MA
Sat Jun 8, 2013
As Lynne mentions, it can make a difference if the list agent takes a lower commission percentage from the seller for doing both sides of the deal. It changes the bottom line for the seller. Also, I see it a lot where an owner wants their agent to get both sides because they have such a great relationship with their agent.
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Louis Wolfs…, Agent, Needham, MA
Sat Jun 8, 2013
No the sellers agent can not act as your dual agent, without the prior written consent of the seller.

With the exception of if you where already represented by him/her prior to looking at this particular home that is now listed.

The agent would also have to have prior written consent by you and by the seller that he can act as a dual agent.

Then prior to submitting any offers, the agent would have to get written notice by both the buyer and seller that he will be a dual agent.

Consent - Notice - Offer

That said if you feel comfortable with not having representation you can submit your offer directly thru the listing agent. I would also submit an offer higher than all the others, with the shortest times and the fewest contingencies, which will make your offer standout.

Remember this it is always easier to get out of a deal than into a deal.

One last question - it sounds by your statement that you did not have representation and submitted your offer directly to the listing agent - so based on that it did not make a difference. If you do have representation your buyer agent should be directing you on your next steps in order to increase your offer to buy the home.

Good luck

Louis

For the agents below that say it should not make a difference - All offers at the same price and terms -a direct deal with an agent (disclosed in mls dual rate) taking less of a fee will increase the sellers bottom line -
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Kristen Blan…, Agent, Dracut, MA
Fri Jun 7, 2013
If there's a variable commission like Lynne has mentioned it would need to be disclosed on mls when the listing agent lists the property. If you are concerned about that as the buyer it can be verified on mls.
Web Reference:  http://www.sellyourden.com
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Lynne Hagopi…, Agent, Framingham and Southborough, MA
Fri Jun 7, 2013
It shouldn't make your offer more appealing. However, the listing agent may have made an agreement with them that if they list and sell the property it may reduce the sellers commission somewhat because that listing agent is collecting commission on both sides. This is sometimes disclosed in a multiple offer situation if the listing agent has their own buyer. The situation may make that offer more appealing to the seller but the agent has to be loyal and hold confidentiality with both parties and remain neutral. I recommend you use a buyers agent to buy and a sellers agent to sell.
LynneHagopian

LHagopian@hammondre.com
508 648-0393
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Kawain Payne, Agent, Seal Beach, CA
Fri Jun 7, 2013
Hello Laurela,

Having the seller's agent work as a dual agent SHOULD NOT make your office more appealing.

The listing agent should present ALL offers to the seller, regardless if they are a dual agent or not.


How do you know your offer is the same as the other offers? If the listing agent told you this, he/she is are not acting in good faith.

I would advise you to work with a dedicated buyer's agent. You will surely need some one who is 100% team Laurela.

Much success to you in your home buying quest!!!

Best Regards,
Kawain Payne, Realtor
Prudential California Realty
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Nancy Fudge, Agent, Wilmington, MA
Fri Jun 7, 2013
The only thing that should make a difference to the Seller is the price, terms and conditions that are acceptable to them. It shouldn't matter whether you are working with the Seller's agent or your own agent.
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Joseph Roraff, Agent, Onalaska, WI
Fri Jun 7, 2013
It wouldn't make your offer more appealing. It is illegal for an agent to tell you what other people are offering on a house.
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Kristen Blan…, Agent, Dracut, MA
Fri Jun 7, 2013
Yes, the sellers agent can be a 'dual agent' however, it doesn't make your offer more appealing than others just because you would be represented by the sellers agent. They will still looking at the price and terms of each offer individually to make their decision.
Web Reference:  http://www.sellyourden.com
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