Cade Grosskreuz

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Rainmaker
1,177,659
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

I do dual agency several times a year and we just have both parties sign a dual agency formI do dual agency several times a year and we just have both parties sign a dual agency  Disclosure

 

 

Jan 08, 2018 09:44 PM
Rainmaker
869,101
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Yes, you must obtain informed written consent.

Jan 08, 2018 09:05 PM
Rainmaker
3,069,684
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Candice A. Donofrio nailed this one!

Jan 09, 2018 04:31 AM
Rainmaker
1,723,580
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Yes, all parties have to be informed and must agree by signing the proper disclosure.

Jan 09, 2018 06:29 AM
Ambassador
4,091,861
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

In North and South Carolina you absolutely do! I'm not sure about your state though. I would think that even if it's not the law, it's the ethical way to handle it - and it covers you as well.

Jan 09, 2018 06:17 AM
Rainer
7,218
Cade Grosskreuz

Thanks for all the great information!

Jan 09, 2018 06:16 AM
Rainmaker
2,013,870
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Correct posture is INFORMED CONSENT

Jan 09, 2018 05:28 AM
Rainmaker
1,697,649
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

Everybody has to know up front. There are many important factors that you've left out of the important equation. Get your broker involved.

Jan 09, 2018 05:19 AM
Rainmaker
1,027,335
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

The circumstances of whether you had the buyer already are not relevant.  If your state requires written consent, then you need written consent. 

Jan 09, 2018 05:16 AM
Ambassador
3,021,147
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

you cannot represent anyone without written permission and you can't represent both sides without everyone's written permission

Jan 08, 2018 09:25 PM
Rainmaker
2,610,924
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Prepare to be "twice" as busy if you do... dual rep

Jan 09, 2018 06:01 AM
Rainmaker
665,753
Peter Testa
Nationwide Homes - Danbury, CT
PETER TESTA

Yes, have seller & buyer sign a Dual Agency Agreement.

Jan 09, 2018 05:51 AM
Rainmaker
3,908,646
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Yes, you do... at least in North and in South Carolina. I can't comment about other states. It's a material fact in a transaction vis-a-vis representation and you must disclose.

Jan 09, 2018 03:40 AM
Rainmaker
1,707,347
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

We used to in Oklahoma but we are a transactional state with core duties so no more.

Jan 09, 2018 03:35 AM
Rainmaker
526,755
Dave Halpern
Keller Williams Realty Louisville East (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

yes

Jan 08, 2018 11:24 PM
Rainer
81,569
Steve Penner
Royal LePage / Pro Ledger Online Software - Winnipeg, MB
REALTOR / Pro Ledger Online (owner)

`Better check with your broker... in my market, we must have both buyer and seller sign off on a "limited joint representation" document... this provides permission for you to act as a dual agent.  Without that form signed by both parties we are not able to provide services to both buyer and seller.

Jan 08, 2018 08:37 PM
Rainmaker
1,231,599
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

If you were the buyer or seller, wouldn't you want to know who the agent represents? 

Jan 09, 2018 07:25 AM
Ambassador
2,546,199
Fred Griffin Tallahassee Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 Dual representation is illegal in Florida.

Jan 09, 2018 07:09 AM
Ambassador
1,800,983
Alan May
Jameson Sotheby's International Realty - Evanston, IL
A moving experience!

It depends what state you're in, as to how this needs to be handled, but in general the short answer is "yes", you need to have written consent from both parties.

Even if it's not required, I really can't see any downside to getting explicit written consent to dual-agency, so why not get it, just to CYA?

Jan 09, 2018 06:58 AM
Rainmaker
577,189
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

The short answer is YES!!  You must have written consent from both parties and disclose to both that you are representing both parties, but they both cannot be your "client."  You Seller is obviously your client because they have a listing agreement with you, and you owe your Fiduciary responsibilities to them.  The Buyer cannot be a client too.. they can only be a "customer" through a Customer Service Agreemenet. 

Jan 09, 2018 05:47 AM
Rainmaker
4,021,668
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Different states have different agency laws, but for most the answer is yes!

Jan 09, 2018 05:39 AM
Rainmaker
3,297,332
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

Always and forever you have to disclose agency to every client. Dual agency then additionally must be disclosed and approved by both the buyer and seller. There is never a time when you do not have to disclose

Jan 09, 2018 05:20 AM
Ambassador
2,058,237
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

There is no one answer that fits all. It depends on how your state regulates these agency relationships. For example, in Florida we act as transaction brokers by law and can represent both parties in the same transaction. Ask your instructor or check with you state's real estate commission for the answer that applies to your situation.

Jan 09, 2018 04:35 AM
Rainmaker
1,791,657
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker, eXp Realty - Kalispell, MT
Helping your Montana dreams take root

Yes, both parties have to agree and have to sign that they agree.

Jan 09, 2018 03:48 AM
Rainmaker
5,570,665
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

my team members don't participate in dual agency...we are listing agents and represent the seller....we stay on that side... and we fully expect to cooperate with buyer agents on all of our listings.... on occasion, a buyer will not want to have a buyers agent and we continue to represent the seller....everything is fully disclosed in writing and acknowledge in writing...

Jan 09, 2018 03:32 AM
Rainmaker
1,136,268
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

In writing with broker endorsement.

Jan 08, 2018 08:47 PM
Rainmaker
1,596,476
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

Transaction agent in our state.

Dec 19, 2018 07:11 PM
Rainmaker
2,062,259
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

We have a transaction broker representation.

Dec 19, 2018 06:32 PM
Rainmaker
4,799,356
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

It would depend on your state laws.

Jan 10, 2018 02:41 PM
Ambassador
5,215,199
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

A good system as long as all is disclosed and agreed upon, make sure the right boxes are checked and all understand what they mean, including you.

Jan 09, 2018 11:24 PM
Ambassador
4,312,167
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Cade, yes, you should have the consent for dual representations in many states.

Jan 09, 2018 09:36 PM
Rainer
308,192
J.R. Schloemer, CRS
Kentucky Select Properties - Louisville, KY

Always disclose to prevent being deposed.

Jan 09, 2018 06:20 PM
Rainmaker
806,827
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Yes, always! From buyer and seller.  Both broker and agent sign as well.

Jan 09, 2018 05:57 PM
Ambassador
3,986,518
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

It depends on what your state law says. In TN, yes.

Jan 09, 2018 05:53 PM
Rainmaker
3,529,765
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

You darn well better do it in my state

Jan 09, 2018 05:12 PM
Rainmaker
3,985,771
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I do about 60% dual agency and get the permission from both parties before moving forward.

Jan 09, 2018 04:08 PM
Rainmaker
1,510,357
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

I do not understand the question. But dual agency is perfectly legal in LA and it is not required to sign anything for showing, unless it is your personal preference. 

Jan 09, 2018 01:12 PM
Rainmaker
4,433,483
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good luck.

Jan 09, 2018 11:57 AM
Rainmaker
502,276
Susie Kay
Ultra Real Estate Dallas Fort Worth - Plano, TX
North Dallas Specialist

In Texas, yes, both buyer and seller need to sign the appropriate disclosure.

 

Jan 09, 2018 10:59 AM
Rainmaker
1,361,958
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I'm doing dual agency right now.  Both parties are aware (heck the buyer sought me out BECAUSE I had the listing) and all the appropriate disclosures were done.

Jan 09, 2018 09:01 AM
Rainmaker
527,160
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

I believe your answer is based on your state. In Oregon, we can have dual representation, but there are disclosures required for all parties to sign which describe how dual representation is handled.

Jan 09, 2018 08:56 AM
Ambassador
3,001,787
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

This varies from state to state.  In my state, we need written consent from all parties. 

Jan 09, 2018 08:48 AM
Rainmaker
6,369,579
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Follow the rules in your state.

Jan 09, 2018 07:38 AM
Rainmaker
1,444,927
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Cade Grosskreuz Yes, full disclosure is required.

Jan 09, 2018 07:17 AM