For three decades, California real estate agents involved in residential real property transactions, including leasehold transactions with lease terms exceeding one year, have been required to disclose whether they are acting as a buyer / tenant agent exclusively, a seller / landlord agent exclusively, or
as a dual agent representing both sides of a transaction.
Not exact matches
Some car insurance
agents represent one company with others work
as dual agents.
As dual agents, you both
represent the buyer and the seller.
(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.
Designated agency does not constitute
dual agency
as long
as the designated
agent (s)
represents only one party to the transaction.»
The licensee disclosed that he had previously
represented the seller in buying that property, and he would act
as dual agent in the transaction.
The Montana Association of REALTORS ® filed an amicus curiae brief arguing that because the state's law permits licensees to act
as dual agents of the buyer and the seller and «act solely in the best interests» of both parties, a buyer's representative should be able to
represent two bidders in the same manner.
Realtors should bear in mind
as well that in Asia,
dual agency — where one
agent represents both buyer and seller — tends to be the rule rather than the exception.
And yet we ask consumers to allow us to
represent them
as Dual agents essentially meaning that we are offering clients a diminished level of services, and yet we
as REALTORS expect to be paid our full commission.
A majority of states allow a real estate professional to
represent both sides in the transaction
as a «
dual agent» if the clients consent to the relationship.
The downside risks if your landlord wants you to use the property manager to
represent you
as your «
dual agent.»
Therefore, limited
dual agency in designated agency occurs only when the same licensee or licensees have been designated
as the designated
agent to
represent two different clients who have conflicting interests; e.g. who become interested in negotiating with respect to the same real estate.
If a property isn't listed in the MLS, critics say, the listing
agent or brokerage is more likely to also
represent the seller — a situation that's often defined by state law
as «
dual agency» representation.
More subtle forms of
dual agency happen when, for example, a real estate
agent represents one client
as the listing
agent, finds a buyer for the home, and signs a listing agreement with the buyer to help her sell her home, so she can buy the
agent's listing.
1] § 17 - 530 (d)(1)(v) Establishes that «An intra-company
agent representing the seller or buyer may provide the same services to the client
as an exclusive
agent for the sell or buyer, including advising the clients to price and negotiations strategy, provided that the intra-company
agent has made the appropriate disclosure to the client and the client has consented,
as required by this section, to
dual agency representation.»
79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses
as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them
as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who
represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer
as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name
as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted
as undisclosed
dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained
«The partnership with my brother is structured where he works exclusively for our buyers and I serve all of our sellers.We have made the decision not to act
as dual agents in order to always be able to
represent our client's best interest.
If an
agent is a
dual agent he / she can
represent both parties but there are rules to what they can disclose to the parties and may not act in eithers interest but rather
as an intermediary.
If you do not agree to your
agent acting
as a
dual agent, you can ask that another
agent in our company be assigned to
represent you or you can seek representation from another brokerage.
As used in this section, the term «dual agent» means a broker who represents as a fiduciary both the prospective buyer and the prospective seller in a real estate transactio
As used in this section, the term «
dual agent» means a broker who
represents as a fiduciary both the prospective buyer and the prospective seller in a real estate transactio
as a fiduciary both the prospective buyer and the prospective seller in a real estate transaction.
In the event that the same
agent represents both the buyer and seller, that
agent and RE / MAX Valley Real Estate will act
as a
dual agent but only if both parties agree.
If they purchase that house, the listing
agent obviously
represents the home seller, although the
agent can also act
as a «
dual agent» for both buyer and seller.
If this occurs each
agent will
represent their own client, but RE / MAX Valley Real Estate and its managers will act
as a
dual agent.
First, take some time to review the resources suggested in the «For more information» section of this article, and make sure you fully understand your duties
as a limited
dual agent — and the risks of
representing clients with competing interests.
Carolyne, I am very pleased to see that you
as a professional Realtor do not believe in
representing your clients a
DUAL AGENT.
Myth # 3: If I choose to buy directly from a listing
agent, that
agent must become a
dual agent and
represent me
as well.
Issue: When a broker acts
as a
dual agent,
representing both buyer and seller in a real property transaction — does the salesperson acting under the broker have the same fiduciary duty to buyer and seller
as the broker?
Another instance when a lower commission might be feasible is if one
agent is
representing both the buyer and the seller, a scenario known
as «
dual agency.»