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Old 02-13-2017, 09:12 PM
 
216 posts, read 756,018 times
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I have been researching the housing market in a small town to buy a house. Based on my research, nearly all listings and recent sold houses were listed by 3-4 Realtors who are employed by two broker offices. I would like to choose one of these Realtors as my buyer's agent, however that means I will encounter the dual agency problem if I want to buy one of her listings. How can I avoid dual agency in this situation? I am thinking find second buyer's agent from another broker office ONLY when dual agency arises. But is this the acceptable way to handle this situation?
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Old 02-13-2017, 09:19 PM
 
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Does your state allow dual agency? The one I just moved from does. The seller can sign a listing contract that specifically allows that agent to act on behalf of both seller and buyer, BUT this must be agreed to up front in the contract. I assume a buyer can sign a similar contract before searching for a home.

The state I moved TO does not allow dual agency. Check the laws where you are.
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Old 02-13-2017, 09:39 PM
 
216 posts, read 756,018 times
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Quote:
Originally Posted by pikabike View Post
Does your state allow dual agency? The one I just moved from does. The seller can sign a listing contract that specifically allows that agent to act on behalf of both seller and buyer, BUT this must be agreed to up front in the contract. I assume a buyer can sign a similar contract before searching for a home.

The state I moved TO does not allow dual agency. Check the laws where you are.
The state law allows dual agency, but both seller and buyer have to sign the disclose form. But I don't want to use dual agent due to conflict of interest, even the state law allows it.
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Old 02-14-2017, 07:24 AM
 
Location: The Triad
34,090 posts, read 82,975,811 times
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Quote:
Originally Posted by artking09 View Post
How can I avoid dual agency in this situation?
Find your competent local RE lawyer first.
As a buyer you'll need them far more than someone with access to keys.

If really needed... the lawyer will recommend someone to you.
They'll also know the surveyors and inspectors you need.
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Old 02-14-2017, 07:48 AM
 
Location: Fort Lauderdale, Florida
11,936 posts, read 13,107,880 times
Reputation: 27078
Quote:
Originally Posted by artking09 View Post
I have been researching the housing market in a small town to buy a house. Based on my research, nearly all listings and recent sold houses were listed by 3-4 Realtors who are employed by two broker offices. I would like to choose one of these Realtors as my buyer's agent, however that means I will encounter the dual agency problem if I want to buy one of her listings. How can I avoid dual agency in this situation? I am thinking find second buyer's agent from another broker office ONLY when dual agency arises. But is this the acceptable way to handle this situation?
Those are listing agents. Research local buyers agents.
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Old 02-14-2017, 11:52 AM
 
216 posts, read 756,018 times
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Originally Posted by blueherons View Post
Those are listing agents. Research local buyers agents.
Yes, those are listing agents, but they can represent buyers as buyers' agents too. Not many exclusive buyers' agent out there.
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