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I found a house FSBO without my agent's help but then did ask him to present the offer which was accepted and he has been a part of the process since then. He seems surprisingly interested in protecting the sellers' interests, although he has been attentive to me as well. How can I know if he is somehow representing the sellers as well? I assume if this deal goes through, in escrow the documents will show if he has been paid his normal 3% by the sellers? Could he have negotiated a deal with them to earn more than 3%? I would ask him but I caught him in a little lie yesterday so I don't fully trust him to tell me the truth. And maybe officially its none of my business?
It may depend on your state & his brokerage rules for dual agency as to whether or not he is also representing the seller. In any case, he should be required to disclose his agency relationship to you.
I suggest you discuss your concerns with his managing broker if you can't get a satisfactory answer from him. It is definitely your business.
On a FSBO sometimes we have to semi-hold the hand of the seller so he does not screw up your deal. He should be representing and working in your best interest which can sometimes mean keeping the seller from getting weird on you.
It's one of the reasons a FSBO can be so much work, we have to keep them legal to keep you legal. He doesn't want the seller to do something stupid that can make it all fall apart and then everyone wants to go to court.
Is there any state when undisclosed dual agency is okay?
I think in most, if not all states, the buyer and seller have to both agree to be represented by the same person. If you aren't paying the fee then I'm not sure why you care what they negotiated as long as it is satisfactory to the buyer agent.
I also wonder what they are doing that makes you feel like they are protecting the seller's best interest.
You should ask. It is your business. Undisclosed Dual Agency is illegal here, and probably wherever you are also. I was thinking along the same lines as Rakin, but of course there is no way any of us could know.
On a FSBO sometimes we have to semi-hold the hand of the seller so he does not screw up your deal. He should be representing and working in your best interest which can sometimes mean keeping the seller from getting weird on you.
It's one of the reasons a FSBO can be so much work, we have to keep them legal to keep you legal. He doesn't want the seller to do something stupid that can make it all fall apart and then everyone wants to go to court.
If that makes sense.
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but I caught him in a little lie yesterday so I don't fully trust him to tell me the truth. And maybe officially its none of my business?
