How does a home buyer get a fair shake?

[CallawayBass]

Windflower, I am a licensed agent in Ga. You are correct about Sub-Agency ,however; in Ga it is very, very rare to see Sub-Agency.. If it is not Designated Agency, its usually Single Agency(Listing Agent)for seller (Selling Agent) for buyer. Although Dual Agency is not illegal, I'd say 95% of the Brokerage Firms have policies not to practice it, due to the confusion and liability of misrepresentation.

[Gretchen B]

Originally Posted by windflower

That is not true in all states. . . .
Wouldn't it be nice if every state in the USA were required to adhere to the exact same agency laws and use the exact same terms for agency and also the same disclosure forms?! But, sadly, that is not the case and until/unless it becomes so, buyers are likely to remain confused when they relocate from one state to another.

Excellent post, windflower! Indeed, I have lived in a state where "sub-agency" was the standard. (I guess the idea was that since the seller pays the commission, then all agents always work for the seller, whether directly or indirectly). Fortunately I was not a realtor then, and I always hated buying property in that state because it was always a situation of "buyer beware".

I was so happy when we moved to AZ and I found that AZ specifies that an agent representing his client (whether that client is a buyer or a seller) has a fiduciary responsibility to represent his client to the best of the agent's ability and to put the client's interest ahead of his own. It's the way it should be.

I totally agree with you that the agency laws should be the same from one state to another. There has also been talk about making it illegal to have a dual agency situation. Maybe someday . . .

[dncngrl1964]

dual agency although we try to steer from that
designated agency (same QB different agents) is probably the better way to go
we do not allow sub agency its probably the only one we dont allow
also NO NET LISTINGS

go to
www.grec.state.ga.us

this is the Ga real estate commissions web site it should help alot
ps I am a buyer agent whenever I can be less dishonesty on part of client

[momoffive]

Originally Posted by JPD

You should read the chapter in "Freakonomics" about real estate agents.

i did, and WOW!!!!