Dual agency must typically be disclosed, and it's up to buyers and sellers whether they want to
engage in a dual agency transaction.
Consider the fact that attorneys who are trained in conflict management can not legally engage
in dual agency in most circumstances.
Many clients today look for a specialized agent and pass by an agent who might
work in dual agency.
Because of the potential for conflicts of
interest in a dual agency relationship, it's vital that all parties to the dual agency relationship give their informed consent.
TIP: In some states, it's explicitly set forth
in the dual agency statute that the confidential information for the other side can not be disclosed.
Perhaps in a dual agency situation the amounts paid to the broker and agents should be reduced to reflect the reduction in level of service provided.
Find a small brokerage firm with highly qualified real estate agents and demand that they not
engage in dual agency.
When
involved in a dual agency real estate transaction, full disclosure is made to both parties before entering into negotiatiions..
DUAL AGENCY SITUATION — What if you are the listing
agent in a dual agency situation and your sellers asks you for some feedback.
My greatest concern would be for the liability of the dual agent (in the same office as the listing agent) deemed to have the knowledge and,
in dual agency jurisdictions, unable to act under the umbrella of a transaction brokerage as a designated agent.
According to the NAR State Issues Tracker, as of June 2013, «a great majority of the jurisdictions [surveyed](91 percent) * allow dual agency with appropriate disclosures and accompanying consents» and «Several states» rules require specific forms or language to be included
in a dual agency agreement.»
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 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.
In fact I am surprised that sellers have not complained more that their agents have not represented their best interests as promised and yet the brokers will not consider a reduced fee for a reduction in
service in a dual agency situation.
Rothgeb runs into a lot of claims where the buyer or
seller in a dual agency deal is not properly represented in the transactional documents — a common omission in property flips.
You can continue to engage
in dual agency if you are doing so pursuant to a dual agency agreement that was signed prior to June 15, 2018.
Some brokerages intentionally withhold listings from these sites in hopes of increasing their chances of collecting a double commission (
happens in dual agency and designated agency transactions).
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).
Dave as I stated in my previous post to you, it is of crucial importance that when an agent is involved
in a dual agency role that the following be strictly applied:» The important thing in a dual transaction is that the property is sold at current market value.