Dual Agency is Dangerous Comments Off
At the time a real estate agent goes to work for a homeowner and lists a property for sale, he/she is officially representing the seller. When a Realtor represents a buyer for the same home, he becomes a dual agent. Dual agency is lawful in just about every state, provided the real estate agent discloses his dual agency . The big question is, “Do you really want a Realtor who represents you and the party you are seeking to negotiate against? ” Is Dual Agency a conflict of interest for you?
Of course it’s a conflict . Consider this . When you retain an agent to find your home, and that very same agent represents the homeowner , your agent owes both you and the seller a legal fiduciary duty to get each of you the best price and the best terms . Because your agent is a dual agent, he or she is saying to you, ” I hereby swear to get you the lowest price on this house and beat the seller up .”
And this agent has been telling his selling client, “I promise to get you the highest price and to gouge the buyer.”
Do you see a conflict here? This may cause you to ask yourself, “Do I want a dual agent or a buyer’s agent?”
Most buyers don’t think about this blatant conflict, but they are willing to spend a small fortune with an agent who is a dual agent.
If you are buying a home, don’t you want to be confident that your Realtor is going to fight for you and not against you? And if you are selling a home , don’t you want to know that the advice you are getting is in your very best interests and not hindered with a conflict of interest in favor of the buyer?