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Dual Agency - Or, Using the Sellers' Agent to Make an Offer. Is it a Good Idea?
March 4th, 2008 1:40 PM

Some real estate agents will tell you when you look at their listing "if you write up the offer through me, I'll get you the best deal."   Is this OK?  Technically, it is legal, and certainly the agent will make more money.   But it is not necessarily the case that you as the client will benefit.   I reject dual agency even when I am the listing agent and could do both sides of the transaction.   Why?  Because you need an advocate who does not have conflicting interests.  That is how your needs will be most vigorously represented.

I have fiduciary duties to represent YOUR needs, and if I do so correctly your needs are met and my business prospers.

This is why I do not practice Dual Agency in which a REALTOR represents both sides of the transaction. It is legal to do so, and some agents attempt to do so as often as possible to make as much money as possible. I believe that Dual Agency is fraught with potential problems. When I sit down at the negotiating table on your behalf, I do not want to change hats and go to the other side of the table as well. It is a bit like having an attorney representing both sides of an argument.   If you are the seller, I need to keep your confidences and get you the highest price for the property.  If you are the buyer, I need to keep your confidences and get you the lowest price for the property.  Begin to see the problem?

Dual Agency is a frequent cause of lawsuits in California.   I do not recommend it.


Posted by Lisa Dunlap on March 4th, 2008 1:40 PMPost a Comment (0)

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