A buyer who relies on the seller's agent or on
dual agency does not receive the same degree of legal protection as that afforded by an agent acting solely on behalf of the buyer.»
After all, Every single one of you I'm sure, sells yourself as protecting the client's best interest —
dual agency does not allow that, no matter how you slice it or dice it.
Dual agency does not protect a home sellers best interests.
Not exact matches
Still, that doesn't necessarily mean you should automatically be suspicious of «
dual -
agency» — the term used to describe when a realtor or brokerage represents both the seller and the buyer.
5 % if any two agents are part of the transaction; 4 % if I am the only agent in the transaction (in my state we
do «limited representation» in lieu of
dual agency), and 3 % if the seller brings me a buyer to close.
However, it was found that Dacas certainly
did not rule out the possibility of
dual contracts existing between a worker and the
agency as well as the end user.
The court found that the agent
did not review the
dual agency provision with the seller and had not informed her in writing and prior to the offer being presented, as the commission agreement specifically required her to
do.
What this salesperson
did is not
dual agency, it's riff raff.
(2) The designation of one or more licensees as a designated agent
does not constitute
dual agency under this section unless the licensee designated as the designated agent represents the parties referred to in paragraph (a), (b), (c) or (d) of the definition of «
dual agency» as clients in respect of a trade in real estate.
«I think Realtors believed that
doing away with
dual agency was
doing away with double - ending and that's not what they have
done,» he says.
So why doesn't the real estate industry practice what they preach and eliminate
DUAL AGENCY as a service choice.
I don't believe there are many significant issues with
dual agency.
When only representing the seller, the licensee needs to be careful to avoid creating an undisclosed
dual agency relationship with the buyer and care should be taken in both words and conduct to ensure that buyers understand that the sales associate doesn't represent them.
Designated
agency does not constitute
dual agency as long as the designated agent (s) represents only one party to the transaction.»
As long as I don't agree to
dual agency and with the other side unrepresented, I don't even have the scope of fiduciary duties owed to me by my realtor reduced.
Is it as simple as explaining Limited
Dual Agency as we
do now?
CREA apparently doesn't understand
agency, in particular
dual agency... and merciful heaven (don't even go there) how about Ms.. A's position on same?
As to your comment about elected representatives, Joanne, my bet is that the first thing they would say is that
dual agency is a «legal» concept that has very little to
do with JUST REAL ESTATE... affecting all other areas of law.
Other than those REALTORS who have ensured their clients have been fully vested in
Agency and that they fully understood the limitations choosing
Dual Agency provided, I would not want to be a REALTOR who
did a
Dual Agency deal in the last 10 years.
As a company rule, we also don't
do dual agency.
Disclosure, under
dual agency, doesn't describe what our representatives are actually
doing.
This is a clear cut case of «who» practices
dual agency and thereafter «how» one
does so.
Court rules that failure to attach a
dual agency consent form to purchase and sale agreement
did not invalidate the contract, despite the fact that the contract's terms required that the form be attached.
For those who don't know, «Transaction Brokerage» is the «Designated
Agency» version of «Limited
Dual Agency».
Hoping / realizing that both sides are comfortable with the outcome of a
dual agency non-negotiation transaction
does not mean that one side or the other would still be happy upon ultimately learning that the other side would have offered more or would have conceded more.
Undisclosed
dual agency is a particular problem in states that
do not have buyer's agents and, in states like New York, where buyer's
agency is a relatively new concept.
Why, they ask,
does the National Association of REALTORS ® continue to serve the big brokers» interests by advocating
dual agency?
If she
does enter into a disclosed
dual agency relationship, Rita must observe her state's
dual agency laws, which probably require her to keep some types of information from each party confidential.
Just don't let your desire to get the deal
done lead you to inadvertently overstep the limitations
dual agency imposes.
The Commission had ruled that there had not been a validly executed
dual agency form because both parties
did not acknowledge the same form.
Does everyone really believe that Willaert was acting in the interest of both his clients, if in fact he was in
dual agency?
As an agent I have
done dual agency.
This, your current post, might suggest, Lynn Clark, the possibility that CREA (and as noted in prior old post, reco, too), could be perceived as practicing
dual agency??? Just exactly whom
do they all represent?
We
do a lot of
dual agency transactions, which keeps our numbers so high.
A Realtor would have to be a full - fledged saint in order to
do complete justice to the requirements of the Disclosed Limited
Dual Agency.
In order to
do their jobs, RECO must practise
dual agency... they represent both sides... the agents / registrants AND the public.
As for
dual agency, I'm pleased that you think that way because as far as I'm concerned, and I've stated it many times here in REM, I don't approve of
dual agency i.e., multiple representation as it is now known in Ontario in any fashion and incidentally also state this in the above.
Fortunately for the REALTOR few buyers will object to being represented in a
dual agency situation and lucky for the agents that buyers
do not clearly understand their rights.
Your correct reasoning also sheds light on the reality that most Realtors can not be trusted to equitably / ethically conduct
dual agency, because on any given day most Realtors are failures - in - waiting for whom the necessary qualities needed for success as laid bare within your editorial
do not exist, but most important... they desperately need that double commission.
Do either of them really want to give that up by entering into the impartial world of
dual agency?
this is the challenge of the
dual agency situation — how
do you stop the flow of information that occurs naturally between salespeople?
I'm honest enough to tell them that if they are hiring me to represent them then they need to understand that in
dual agency I can no longer
do so.
You need to try to grasp the concept of «ratification» as you may well be working under a
dual agency situation but don't even know.
The brokerage would not start out, as it
does today, as the sole agent for one of the parties, with every licensee engaged by the brokerage taking on the same status, and then have to strip away many of its
agency obligations (and simultaneously stop being able to provide the
agency services it initially offered) to become an impartial
dual agent in an «in - house» transaction.
I would try to get an email address and permission to
do a redirect to have the visitor read my articles describing in detail why I would need special permission to practice
dual agency, to have him as a client, per se.
They don't want to sign a contract only to find that you are going to abandon them when in a
dual agency situation.
Certainly the seller very likely
does not entertain the concept that right there at the beginning of the process,
dual agency has become involved — right from the get - go.
Further, the results of the consultation
do not demonstrate that the public is concerned with the limitations the rule would place on consumer choice as the majority of public respondents were in favour of the restriction on
dual agency.»
Dual Agency - you didn't tell us that the agents in your office could not get us the highest price Competitors - you told us you were better than the other agents and would
do a better job.
If limited
dual agency was a problem, we'd see most complaints arise from situations involving limited
dual agency; but we don't.