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Old 07-09-2010, 08:54 PM
 
Location: NJ
17,573 posts, read 46,144,871 times
Reputation: 16279

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Quote:
Originally Posted by Rakin View Post
Not sure where you even conceive of something like this.
When someone says "If the agent is professional and you trust him it should not be a problem" and "so a good agent should not have a problem" that to me implies an agent that does have a problem is not professional or good.

Just my interpretation.
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Old 07-09-2010, 09:10 PM
 
Location: Hoosierville
17,411 posts, read 14,642,907 times
Reputation: 11611
This.

Quote:
Originally Posted by Rakin View Post
There's not a regular agent that posts on this forum that I don't have the highest respect for and believe all handle themselves in their own professional manner.
<----- can't rep ya, so you get the blue/thumb guy.
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Old 07-10-2010, 08:46 AM
 
Location: Austin
7,244 posts, read 21,811,238 times
Reputation: 10015
Quote:
Originally Posted by Chuckity View Post
Truthfully?

Because I cannot be an advocate for my seller's best interest AND be an advocate for my buyer's best interest as well.

I feel a client deserves to have someone completely and entirely in their corner. Simple as that.

It's a win/win for me too - I sell my listing AND work with a seller's agent who knows what they're doing ... because I picked them myself.
How are you not an advocate if you give them the exact information they each need to make their decisions? Sounds like you're not preparing your sellers for the situation if you bring a buyer, and you're also not preparing your buyers for in case they like one of your own listings. If you prepare them ahead of time for the situation, there are no issues to overcome.
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Old 07-10-2010, 09:11 AM
 
Location: Hoosierville
17,411 posts, read 14,642,907 times
Reputation: 11611
Quote:
Originally Posted by FalconheadWest View Post
How are you not an advocate if you give them the exact information they each need to make their decisions? Sounds like you're not preparing your sellers for the situation if you bring a buyer, and you're also not preparing your buyers for in case they like one of your own listings. If you prepare them ahead of time for the situation, there are no issues to overcome.
I do prepare my sellers - I tell them from the beginning I don't believe in dual agency and that if I happen to have a buyer, I refer them out.

My clients aren't real estate sales experts - if they were, they'd go FSBO. They hire an agent to represent THEIR interests - not the interests of their buyers as well. I don't think I can fairly do double duty just to double end a commission.
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Old 07-10-2010, 09:38 AM
 
Location: Union County
6,151 posts, read 10,029,147 times
Reputation: 5831
Quote:
Originally Posted by Chuckity View Post
I am not a fan of dual agency - which is when an agent represents both the buyer & the seller.

I feel as if my hands are tied and I can't give full service to either client.

I can tell you that I certainly show my own listings - but when clients are interested enough to purchase, I refer them to another agent in my office. It's always worked well for me.
By definition this is still "Dual Agency"... It certainly works well for your broker!

If you were to properly handle this, you would advise your clients to find an agent with another broker. Seriously, there's no shortage of realtors.

To the OP - You could always consult a RE attorney about it in your area... In many states you're going to use an attorney anyway.

Quote:
Dual Agency in a real estate transaction means the listing broker represents both the seller and the buyer. A dual agent must not disclose confidential information to either party and must operate in a hands-off manner. A dual agent cannot get the highest price for the seller and the lowest price for the buyer -- it is impossible. Dual agency can happen even if the buyer is represented by an agent other than the listing agent if that agent is also employed by the same broker. It is the employing broker's relationship with the seller that determines dual agency.
Dual agency is not legal in all 50 states.
Dual Agency - What is Dual Agency
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Old 07-10-2010, 10:32 AM
 
Location: Olympia
1,024 posts, read 4,139,449 times
Reputation: 846
I don't practice dual agency. I just can't see how I would be able to represent two opposing interest at the same time (get the best terms for the buyers and the best terms for the sellers)? Just staying a neutral party and only facilitating the transaction, is really not giving either of the clients the service they deserve. If one of my buyer clients want to buy one of my listings, I will refer them out to another superb agent, with whom I know my buyer clients will be in good hands, and who will turn them back to me, if they decide not to buy my listing after all.

To the OP: Let your agent know that you would rather have your own representation and ask if he/she can recommend someone. If they are a good professional, they will have no problem with that.
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Old 07-10-2010, 10:39 AM
 
Location: Hoosierville
17,411 posts, read 14,642,907 times
Reputation: 11611
Quote:
Originally Posted by MikeyKid View Post
By definition this is still "Dual Agency"... It certainly works well for your broker!

If you were to properly handle this, you would advise your clients to find an agent with another broker. Seriously, there's no shortage of realtors.

To the OP - You could always consult a RE attorney about it in your area... In many states you're going to use an attorney anyway.


Dual Agency - What is Dual Agency
It's actually called Designated Agency. The broker in charge is the disclosed dual agent, but it allows each individual licensee to advocate for their own client.

Listing agent works for the seller, selling agent works for the buyer - not one agent for both.
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Old 07-10-2010, 01:22 PM
 
Location: Union County
6,151 posts, read 10,029,147 times
Reputation: 5831
Quote:
Originally Posted by Chuckity View Post
It's actually called Designated Agency. The broker in charge is the disclosed dual agent, but it allows each individual licensee to advocate for their own client.

Listing agent works for the seller, selling agent works for the buyer - not one agent for both.
Come on - you're playing semantics.

In the end, the broker is the boss... If you ever have an issue with an agent, you're told to go to the broker. I see it advised here on these boards all the time. Think about how that works out for the clients in your scenario. Same broker.

I respect that it's worked out well for you in the past and that is good, but like so many things in life - it's great until it isn't.
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Old 07-10-2010, 01:36 PM
 
Location: The Greater Houston Metro Area
9,053 posts, read 17,199,048 times
Reputation: 15226
Quote:
Originally Posted by MikeyKid View Post
Come on - you're playing semantics.

In the end, the broker is the boss... If you ever have an issue with an agent, you're told to go to the broker. I see it advised here on these boards all the time. Think about how that works out for the clients in your scenario. Same broker.

I respect that it's worked out well for you in the past and that is good, but like so many things in life - it's great until it isn't.
No, she's not. Whether an agent is from the same broker or a broker across town makes no difference to me. My concern is my client - not the other agent or my own broker. If my broker ever insinuated that I should go easy on the other agent because they worked under the same broker - I would be out the door to a new broker in a flash. As long as I am within the law looking out for my client - my broker has enough sense to not interfere.

Could be that it's different in a large town. My broker has over 800 realtors in the firm. I will never meet half of them. Brokers compete for agent aggressively. No broker will go out of their way to anger an agent doing the right thing.
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Old 07-10-2010, 01:55 PM
 
Location: Just south of Denver since 1989
11,826 posts, read 34,436,540 times
Reputation: 8971
That is not the way it works in Colorado. The brokerage is not a dual agent. There is no imputed knowledge. We are all brokers in Colorado.

http://www.dora.state.co.us/real-est...nual/chap1.pdf
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