Sentences with phrase «if dual agency»

If a dual agency consent form is not signed by both buyers, then undisclosed dual agency has occurred.

If dual agency occurs you will be asked to consent to that in writing.

If dual agency arises out of a potential buyer asking you to represent them for the sale of a property whose owner you also represent (or vice versa), full, written consent of the intial representee is required before you can assume a dual agency role.

If dual agency is legal and ethical, it should be spoken of in a positive manner, making full disclosure, and not just in passing and in subdued tones.

But if dual agency happens to occur with a qualified Realtor's, and both parties (the clients) are amenable to it, my experience is that the Buyer and Seller are likely to be better pleased than in a typical transaction (and I have dozens of transactions to prove this, with no negative ones to disprove it).

However, if dual agency is legal in your state and you want to make it a part of your business model, be sure to take these steps to ensure that both clients are treated fairly.

Review your brokerage company's policy to see if dual agency is permitted and exactly what actions you as a dual agent may not perform for each party.

Review your state's laws (consult with an attorney if necessary) to determine if dual agency is legal and what disclosures and procedures you must follow.

Not exact matches

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.

If you're working with a real estate agent to buy a house, you should know about the impact of dual agency.

Conflicts may arise if buyers refuse dual agency or the nature of dual agency is not clear to all parties involved.

Many times I could have «written (prepared)» an offer, presented it to my Seller / Buyer having explained and sought (written) permission to practise dual agency, if applicable, and laid claim to the whole commission.

HUD has clarified its guidance to servicers that FHA short sales with dual agency agreements are eligible for up to a 6 percent commission if the contract that is submitted meets all current pre-foreclosures sales guidelines, including the required marketing period, and yields the highest net return to HUD.

If you think agency disclosure isn't in need of some tinkering, then ask a recent client to explain Limited Dual Aagency disclosure isn't in need of some tinkering, then ask a recent client to explain Limited Dual AgencyAgency.

Rita has to stop, ask Barb if she's asking for representation, and decide if she wants to enter into a dual agency relationship.

Anyhow that is what I believe and if most buyers and sellers understood dual agency many would not allow themselves to be placed in a dual agency situation.

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.

How can buyers or sellers develop negotiating strategies that might work in their best interests if they are in a dual agency situation and can not rely on their agents professional negotiating skills.

He can elect to be either a client or a customer (duty of care), but if you are going to show him one of your own listings, or one of your company listings, you need to be cautious that he understands the full situation and has signed off on the document called Working With a REALTOR, and that if he wishes to proceed in client status, you will need to let your seller know that, with his permission, you will be dealing in dual agency, having explained this to the caller as well.

DUAL AGENCY SITUATION — What if you are the listing agent in a dual agency situation and your sellers asks you for some feedbDUAL AGENCY SITUATION — What if you are the listing agent in a dual agency situation and your sellers asks you for some feeAGENCY SITUATION — What if you are the listing agent in a dual agency situation and your sellers asks you for some feedbdual agency situation and your sellers asks you for some feeagency situation and your sellers asks you for some feedback.

If one works in a large brokerage then you will be constantly in DUAL AGENCY situations and that definitely is not an advantage for the buyer.

Rita I am wondering if it is a wise idea to attend the home inspections if you are acting as a dual agent or even in single agency.

Does everyone really believe that Willaert was acting in the interest of both his clients, if in fact he was in dual agency?

You have an advantage over your competitors in that you will rarely, if ever place your clients in a dual agency situation.

Even if one of those other licensees has long before established an agency relationship with a buyer, if that buyer becomes interested in any of the brokerage's listings, both the seller and the buyer must first agree for their respective licensees and the brokerage to act as dual agents before the seller and buyer can begin negotiating the transaction while using the assistance of those two licensees.

Whilst I disagree with the rebate scheme that this organization advertises as a means to attract dual agency «customer» (vs. «client», as they describe it) business for one of the reasons that Alan M alludes to below (potential misrepresentation vis a vis the seller - buyer «must transact» the sale - purchase simultaneously) wherein their advertising above it states that «If a seller lists their home with the RedPin.com and at the same time «engages» them to buy a new home,...» (the key word being «engages», which means to sign a BRA), it will nevertheless be interesting to observe for how long this salaried method of remunerating their sales people will last.

But I tell new licensees to avoid dual agency if the customer relationship works, especially at an open house where there are no expectations of agency.

I might give consideration to signing with an agent if they could guarantee — «NO DUAL AGENCY».

Mr. Teichner states that «The real estate company's interest in Designated Agency may be perceived as a conflict of interest because of the basic profit motive: the buyer will not be lost to another competitor...» If this is the case, is the brokerage's position viewed differently today with «in - house» dual aAgency may be perceived as a conflict of interest because of the basic profit motive: the buyer will not be lost to another competitor...» If this is the case, is the brokerage's position viewed differently today with «in - house» dual agencyagency?

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.

«If the buyer gets the wrong signal, there's potential for undisclosed dual agency, which is clearly not a good thing.»

If limited dual agency was a problem, we'd see most complaints arise from situations involving limited dual agency; but we don't.

In terms of Designated Agency and Transaction Brokerage, it was the view of the Task Force that dual agency is a situation that causes problems within the industry and if we could find ways to minimize those problems, the industry and consumers would benefit fromAgency and Transaction Brokerage, it was the view of the Task Force that dual agency is a situation that causes problems within the industry and if we could find ways to minimize those problems, the industry and consumers would benefit fromagency is a situation that causes problems within the industry and if we could find ways to minimize those problems, the industry and consumers would benefit from that.

Although I have conducted my share of «double ends», all the while being very, very careful to keep both party's interests uppermost in my mind (a very difficlt thing to do, as if you didn't know), I must concede that it is time to end the «dual agency» concept / practice of the disposition / purchase of real estate via organized real estate practitoners.

If you make yourself the mediator for both the seller and the buyer, you can practice dual agency.

Home buyers and sellers, if you are confused by broker babble and fine print about dual agency, designated agency, and other forms of counterfeit buyer agency, ask your buyer agent to sign this Pledge of Allegiance to reveal if he is really on your side!

The agent sitting in the open house represents the seller so if a buyer buys the house, a dual agency would be created (can you say, «Serve two masters»).

Dual agency occurs when the brokerage firm represents the buyer and seller on the same transaction (even if different agents are involved).

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.

If an agent begins to tell you the «advantages» of dual agency, it is time to walk away as it is misleading and inaccurate to «sell» this terrible conflict of interest as a plus.

If you are uncomfortable with a dual agency arrangement, you might consider hiring another broker to represent you.

If the lawyer could prove that the client was subjected to the undisclosed dual agency, the liability could be shifted away from the client and on to the real estate brokerage that sold him the house.

We can offer you dual agency if it's your listing (if your brokerage permits it) or we will put our offer in with you.

If the «buyer agent's» firm has listings, then the agent is not true buyer agent and the firm will have to abandon your representation if the agent shows you any of their firm's listings (dual or designated agencyIf the «buyer agent's» firm has listings, then the agent is not true buyer agent and the firm will have to abandon your representation if the agent shows you any of their firm's listings (dual or designated agencyif the agent shows you any of their firm's listings (dual or designated agency).

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.

5 - 17 (1) Despite section 5 - 16, a brokerage may engage in dual agency in respect of a trade in real estate if the real estate is in a remote location that is under - served by licensees and where it is impracticable for the parties to be provided trading services by different licensees.

In other words, Edina Realty will get a double commission if a buyer finds their house on Edina's website (click here for more info on how dual agency could be the primary motivation for Edina's actions).

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

Further, even though it was not pertinent to the question of dual agency, because it involved another property, the court observed that the brokerage's contact with Lindholm regarding the Rickstrew ranch was ministerial and was done in furtherance of the sale of the Olsen ranch, for Vail Associates knew that Lindholm would not purchase the Olsen ranch if he could not also Purchase the Rickstrew ranch.

If your answer is «ask the buyer to sign a limited dual agency agreement in order to represent both the buyer and the sellers» — think carefully before deciding to pursue this course of action.