It actually protects buyers and sellers by
eliminating dual agency (double commissions) and preserving two of the top three reasons buyers hire Realtors: to help them negotiate price and terms (taken from National Association of Realtors survey)(the third reason is to help find the house).
Therefore I am opposed to the idea of
eliminating dual agency, as long as there is full disclosure and written consent from the buyer and seller.
While the current focus is Recommendation No. 1 — embedding a Code of Ethics in our legislation and No. 2 —
eliminating dual agency, managing brokers should be eyeing those few bullet points a little way down the list.
So why doesn't the real estate industry practice what they preach and
eliminate DUAL AGENCY as a service choice.
Not exact matches
HUD wanted to prohibit
dual agency in short sale transactions because they believed that it would help to
eliminate short sale fraud.
However, those should not preclude select qualified Realtors from delivering better deals to their clients through
dual agency than they could otherwise —
eliminating one Realtor often breaks the «broken telephone» problem in a transaction.
This would
eliminate double dipping,
dual agency and help to keep real estate fees at a more reasonable cost.
The biggest failure of the real estate industry in the 34 years as a Representative and Managing Broker I have been licensed, is the failure to
eliminate the industry practise of, double ending,
dual agency or whatever it called in the local area.
Brokers have successfully lobbied for and had laws passed that have mostly
eliminated their liability for the harm that
dual agency causes to consumers.
Designated
agency allows two clients who have engaged the same brokerage to have independent representation by their respective designated agents,
eliminating the occurrence of «in - house» limited
dual agency where the interests of those clients are in conflict, e.g. they wish to negotiate in relation to the same property.
The agreement to modify or
eliminate duties must either be contained in a written service agreement (e.g. a listing contract, buyer
agency contract, or limited
dual agency agreement), or in a written disclosure (e.g. a Working with a Realtor ® brochure).
Many states have recognized that
eliminating the fiduciary duties of loyalty (requiring a real estate agent to act in the best of interest of their client) and disclosure (requiring a real estate agent to disclose all relevant information to their client) is not in the client's best interest and have outlawed
dual agency from real estate brokerage.