Although «disclosure» of risks may be statutorily satisfied, conduct inconsistent with fiduciary duties is not exempted and presumptions of breach of duty still
exist in a dual agency situation (brokers are still dual agents).
Not exact matches
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.
In - house commission splits, floor time and other significant financial consequences
exist for the broker's agents who avoid
dual agency.
One does not need to look far
in order to find the anti-competitive, anti-consumer and deceptive schemes that
exist which increase the frequency of
dual agency at large firms.
For example, if a brokerage firm engages
in conduct that increases the frequency of
dual agency, the liability may
exist for the undisclosed
dual agency as well as self - dealing for intentionally manipulating the clients» risk
in order to profit from a double commission.
The conflicts of limited
dual agency continue to
exist, however, if the same designated agents are acting on behalf of a seller and a buyer
in relation to the same transaction, or acting on behalf of two buyers who are interested
in buying the same property.