763,883
California invented dual agency. The concept is tough for many to comprehend since we represent both parties to the transaction but must negotiote the best deal only for out client. In the dual ageny situation we have information that can't be disclosed even though our Agency Agreement mandates that we disclose all material facts to our client. It takes a well trained agent to walk this line honestly, fairly, ethically and legally. I feel that I am well suited to bring both sides together in the correct manner. Now there is another side of the coin as well. We have the listing and bring in an offer. Then we get offers from other agents. Handle this one in the best interest of all parties.
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
2,224,473
You can't work as a dual agent in Colorado.
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Carla Muss-Jacobs, RET...
Portland, OR
784,786
legal here, must be very honest and neutral.
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Bob Crane
Stevens Point, WI
150,719
637,434
It's legal and done all the time in California and Hawaii where I have my brokers licenses. Although the law differs. Clients on both sides often want it. With the right disclosures it's no problem for me.
699,277
We do it all the time here and we're still transaction brokers. Being fair is part of being a great agent.
1,076,551
Dual agency is allowed here but I have no idea why someone would want it. If it's a bank owned property I could see, but I don't understand it when a buyer and seller both have opposite goals. I've seen some agents pull it off and do it well, though
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Carla Muss-Jacobs, RET...
Portland, OR
6,393,609
Sometimes it is the best solution, gets deals done rather than dealing with over egoed agents.
I dont do it often though since I prefer to just focus on listings and let others deal with buyers.
2,360
900,128
It is legal in CT, but with very strict disclosures and documents to that effect signed by both parties as acknowledgement and agreement. It can be tricky, but can be done, with objectivity. We also have mandatory legal representation for both sides, so that makes it a bit easier for the agents once the initial negotiations are over; the lawyers negotiate the contract details.
1,712,676
We are a transactional state with core duties so we work for the transaction with fairness to all aprties. No system is perfect but with dual agency it is too easy to step over the line and dual agency is based on common law not statute law.
1,562,386
Ah, here we go again . . . the "dual agent"
We have the legal real estate agency relationship defined as "Disclosed Limited Agent" in Oregon. [emphasis added]. The duties are LIMITED for a reason in this scenarior. What does "fair" have to do with it?? Agents who practice this methods are only shirking their responsibilities to BOTH buyer and seller. It's a conflict of interest and therefore, the fiduciary duties are LIMITED. Why any buyer and/or seller would want a LIMITED agent is beyond me!
4,882,355
No we use a process called Intermediary which is governed by statutory not common law.
1,466,207
Daniel W. Hayes Dual Agency is legal in my State. You deal with it with full disclosure and agreement by all parties. Should there be a problem, the broker can hand off the buyer to another designated agent in the office.
613,494
Because "dual agency" sounds too much like a "double agent", Florida changed the name to "transaction broker"...of course with no fiduciary duties. They are not called an "agent" because there is no agent, so hence the word "broker".
It is pretty much the same thing with a new name...easier to dupe the consumer with.
BTW ...there is no such thing as "fair"...that has been removed from the code of ethics.
Eve
4,572,289
When properly disclosed in writing, dual agency is legal in California. This also includes two different agents working with the same brokerage on the same transaction.
1,157,785
Dual agency is legal in Ontario. Dual agency actually occurs at the brokerage level since the buyer and seller contracts (i.e. listing agreements and customer / client buyer agreements) are held at the brokerage level. Dual agency must be disclosed and agreed by the buyer and seller. It is part of the standard forms.
911,338
It's legal in VA, but it's discouraged. Agents need to be careful about what they say and when they say it. And buyer still has right to bring in another agent.
979,496
Daniel - Dual agency is allowed here in Arizona, but there are many brokerages who frown upon it and don't want to take that chance that something may happen during the transaction.
However, there are agents that don't have an issue with dual agency (and would do it all the time if they could), and as long as their brokerage allows it, they are good to go.
2,443,250
3,164,294
Daniel- I'm in GA and it is legal here. However, in my office the only time it's "technically dual" agency is when an agent in my office sells one of my listings. And said agent never speaks to my seller and I only have no negotiations chit chat with their buyers. But as a matter of law since I am the broker I technically also represent the buyer. That's fully disclosed as is the nature of who will be working with which client and all must agree. If we have clients who don't like this arrangment we will either assign the seller a different agent in my office and/or refer the buyer outside of our firm. We do not have single agent dual in my company. When an agent sells their own listing we treat the buyer as a client if they do not want their own representation and want to work only with the listing agent.
2,707,721
It is legal in Texas and it is called Intermediary here. I deal with being "fair" to both sides by not engaging in Intermediary - I only represent my client.
2,781,173
In California, you can go for it. How to handle? I speak clearly, repetitively and in writing distinctly and require mandatory questions, meetings and involvement. We either all make this happen or we don't
400,356
Dual agency is legal in my state.
I rarely do it because most people ask for some kind of perk (besides having me as their agent) or they expect me to throw the seller under the bus. Not going to happen.
People who want dual representation with me know they're going to get great service and representation. They know that my ethics and integrity are the foundation of what I do and it all works out.
I know that sounds like a bunch of realtor hot air, but it's true.
443,220
Dual agency is legal in my state of California. I've only done it once or twice and tend to shy away from it because of all the implicit complications. When I did do it, I bought together buyer and seller to discuss anything that needed to be determined. That way we were all in the room together.
67,369