In a scenario where two industry members at
different designated agency brokerages co-list a property, only the specified designated agents are representing the seller.
Not exact matches
This typically does not occur under
designated agency because each client has previously agreed with the brokerage appointing a different licensee to represent them (see Supervision Under Designate
designated agency because each client has previously agreed with the brokerage appointing a different licensee to represent them (see Supervision Under Designated Ag
agency because each client has previously agreed with the brokerage appointing a
different licensee to represent them (see Supervision Under
DesignatedDesignated AgencyAgency).
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.
Therefore, they are able to maintain that
agency relationship, even in an «in - house» transaction, as long as both buyer and seller are represented by two
different designated agents within the same brokerage.
When compared to brokerage
agency where all licensees engaged by a brokerage assume the
agency obligations of the brokerage in relation to each of its clients,
designated agency allows for clients to continue receiving full representation in in - house transactions where
different designated agents separately represent their respective clients.
Licensees choosing to reinstate with a brokerage that practices a
different agency model from that of the brokerage they terminated from (i.e. common law
agency to
designated agency or vice versa) must complete the
agency course pertaining to their new brokerage within thirty days of reinstating their licence.
If I choose
Designated Agency for my firm, is there anything
different that I must do regarding confidentiality of the clients?
This is how a
designated agency brokerage can represent a buyer and a seller in a single transaction with full
agency representation to both parties, when both parties have
different designated agents.
If a firm declares that it is a
designated agency real estate company, the law allows the firm to be the brokerage on both sides of the transaction, as long as there are
different «
designated» agents representing the buyer and the seller.
In order to avoid having to disclose dual
agency conflicts and obtain written consent, many states, including Massachusetts and New Hampshire, allow real estate companies to «
designate» a real estate agent at the brokerage to represent the seller and a
different «
designated» real estate agent at the same company to represent a potential homebuyer.
When
different licensees are
designated to act on behalf of
different clients who are negotiating the same transaction, dual
agency is avoided.
Under
designated agency, a brokerage, with the agreement of these buyers, may appoint
different licensees as the
designated agents to act on behalf of these buyers who are interested in purchasing the same property.
Under
designated agency, a brokerage and its clients agree that
different licensees engaged by that brokerage may be
designated to act as sole agents on behalf of clients whose interests may conflict.
In order to avoid having to disclose dual
agency conflicts and obtain written consent, many states, including Massachusetts and New Hampshire, allow real estate companies to «
designate» a real estate agent at the brokerage to represent the seller and a
different real estate agent at the same company to represent a potential homebuyer in the same transaction.
In brokerage
agency, there is no designation of one licensee to act as a
designated agent on behalf of one client while a
different licensee acts as a
designated agent on behalf of a
different client.