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I can wear two hats, just not at the same time...buyer & Seller agency

By
Managing Real Estate Broker with Alpine Lakes Real Estate Inc., NHRE# 02863

I believe I can wear two hats…Just not at the same time.

Working for your client is your fiduciary responsibility, identifying the client in the transaction is relatively easy for a good ethical Realtor. The Person who hires us to complete their transaction requires our honest opinion and best efforts on their behalf.

A recent example of my buyer’s agent’s hat being worn:

A home inspection brought to light same major water damage, and pest infiltration in a condominium my buyer clients wanted to purchase. This was sufficient grounds to walk away …move on and find another solution. But, These buyers identified this location as their first choice. I got involved with the management company, condominium board of directors and insurance carrier to make major repairs to this specific unit. It was a long and drawn out process involving roofing, windows, doors, decking and future repairs that needed to be pre-approved in order for my client to buy. Other units with the same floor plan were available in the complex…but my clients wanted this one and three months of daily due diligence is what it took to work. They got what they wanted because they hired the agent that was willing to go the extra mile and not seek the easy way to get a paid.

 

In a recent seller’s agent listing transaction: I was able to get the buyer customer, represented by another agent to accept a financing condition as “Subject to financing of what ever amount the buyer’s lender is offering”. It turned out the home appraisal came in $50,000 below the contract sales price. In a combination of the buyer really wanting the place and not having the right to cancel for the low appraisal amount I was able to push to seal the deal. This seller wouldn’t have had a chance of completing the transaction without my firm guidance in the contract, inspection and deposit negotiations.

 

Before I was married for the second time…my (then) girlfriend asked me?: Do you see yourself being able to get married again? I can give unwavering loyalty to anyone that will give it back to me. I’m not afraid of commitment…I’m a Realtor.

 

Here is the thing, Realtors that practice one type of agency exclusively I commend you, but…that is too limiting in my urban market area. Can I be loyal to a buyer client and give my unwavering fiduciary duty to them? Can I be completely fair and honest with my seller when I’m a listing agent? Yes…to both but I don’t offer to do it in the same transaction. I don’t practice dual agency, I work for one side or the other, If a customer approaches me about my seller’s listing…that buyer will understand and sign a Facilitator Relationship Disclosure form, They will know I represent the seller and they should not share anything they do not wish the seller to know (period). I will not offer a Buyer agency relationship to anyone looking at any of my listings (period).

   Does this mean I’m a seller’s agent and put on a buyer agent hat when it’s convenient? No not at All, people that seek me out to hire me as their buyer(s) agent know my reputation for getting the job done. They have been referred to me or found me, because of my building, development, design background and know all the other agents in the area respect me for the loyalty I give to my client…even when the going gets tough. The year 2010 will mark my 27th year as a full time…that’s my only job – REALTOR – can I offer loyalty to the people that are loyal to me?...You bet I can!!

 Steve Loynd your White Mountain Real Estate Expert...whether you are buying or selling experience matters and you choose which hat I wear when representing you in your real estate needs.

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                                                                                                                                                                              Your-White Mountain New Hampshire real Estate Expert

                    steve@alpinelakes.com toll free 800-926-5653 /cell 603-381-7898

                        MLS search and Realtor web site: www.alpinelakes.com

                         My outside Blog: www.steveswhitemountainblog.com

                    Lincoln NH &  Local interest site: www.localism.com/nh/lincoln

    Grafton County NH MLS search

The Somers Team
The Somers Team at KW Philadelphia - Philadelphia, PA
Delivering Real Estate Happiness

Steve - Excellent examples of being a strong advocate for both your clients in buyer and seller agency.  It is very hard and difficult to wear that hat for both sides of the deal.  I believe it can be done, it just depends on the circumstances.  On a tricky deal, I would not be comfortable with dual agency.

Dec 26, 2009 03:39 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Laura, No doubt buyer's can be more fun...you are helping them with their dreams, often sellers can be detached from the market...they want it sold for their price and take offense when you remind them of the conditions they face...in a buyer's market.

Dec 26, 2009 04:02 AM
Gerry Michaels
Glasswork Media Arts - Gettysburg, PA
GettysburgGerry Social Meida

Steve I believe that a Realtor must know how to work both sides of a deal, however I am a firm believer that it can not be done correctly at the same time. You can't adequately represent both the buyer and the seller in a deal. It's like trying to be the Prosecutor and the Defense attorney at the same time. I know there are those that disagree, it is just my opinion.

Dec 26, 2009 04:07 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Christopher & Stephanie, In my early days of real estate we simply worked for the seller...they paid us we marketed their product...but as more and more disclosures and environmental issues cropped up buyers needed their own advocate in many transactions,and I can clearly see that. But I want to be one or the other.

 

Dec 26, 2009 04:09 AM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Steve.....I guess I'm from the old school....I'm a listing agent....my team and I represent builders/sellers and we would rather co-broke than do a juggling act....on occasion, we get a double hit and we fully disclose to the buyer that we are representing the seller and we offer them the opportunity to find a buyers agent....usually, they don't want to do that....representing a builder/seller is not a license to lie!!

Dec 26, 2009 04:18 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Gerry, Your Lawyer analogy is a good one...when discussing agency I'm fond of saying there is no such thing as being a little bit pregnant. You are or your are-not, it's one or the other no gray area for me.

Dec 26, 2009 04:23 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Barbara, Old School or not representing just the seller is smart for your liability...and I will have many more listing agent sales than buyer agent sales during the course of a year. But I am involved with custom homes, and serve on an Architectural board for multi-million dollar homes, when someone calls and says they are looking for land ,looking to re-hab an old house,or buy a condominium with repair needs ...using me as a buyer agent will gain them insight they wouldn't  get from just anyone with a real estate license. I find that type of work gratifying and can often save buyer's a lot of money and headaches with my experience in the building trades. Especially as buyers from out of state look for quality local trades people to make their purchase...their vision of home.

Dec 26, 2009 04:36 AM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Steve....I'll remember you when and if I ever have someone interested in your area....thanks....and by the way, you're absolutely right about avoiding liability issues.....I've never been to court in 31 years of hefty production, and I certainly am not going now at my age!!!

Dec 26, 2009 04:59 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Barbara...going into 27 years here and the only Judges I've met were buyers of mine.

Dec 26, 2009 05:10 AM
Amy Hahn
Pine Knoll Shores Realty - Morehead City, NC
Realtor/Broker - Crystal Coast, NC

Steve - I prefer to work for one or the other.  I feel that It is really difficult to do my job to the fullest when representing both sides.

BTW..You've just inspired me to create a new blog header...Your's are fabulous (all of them).  Thanks.

Dec 26, 2009 05:19 AM
Bill Gassett
RE/MAX Executive Realty - Hopkinton, MA
Metrowest Massachusetts Real Estate

Being involved in a duel agency contract can certainly be like walking a tight rope. I believe it can be done if you are very careful.

Dec 26, 2009 05:44 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Amy...I did the Headers with my own pictures and took them to Picnik.com to crop, re-size and add text...The A/R banner is hard to get the right size...so I keep a few once I got the look just right.

Dec 26, 2009 06:11 AM
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I work as a duel agent about 60% of the time.  Both parties understand that at anytime either of them has an issue of representation...I will bring in another agent to take the BUYERS side of the transaction.  I have only had one person in 13 years ask for the 2nd agent to be brought forward and that was on a very bad home inspection problem.

Dec 26, 2009 07:31 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Steve, I know of Realtors that do Dual Agency on a regular bases and seem to be very affective.  But I guess I am more prone to be like you, I would have a very hard time representing both Buyer and Seller and give each one my best. 

We all need to know ourselves and know our limitations, and that would be a limitation for me, for someone else it might not be, but for me it would be.

Dec 26, 2009 09:53 AM
Judy Jennings
Top Agent Plus - Middleboro, MA
Tap into Judy's real estate expertise & resources.

Steve - I agree that it is best to represent one side or the other. Your two examples are a perfect reason why it is in the best interest of the client that their agent represent their full interest and can perform all of their duties. Nice job on the headers, hope they drive some traffic to your website.

Dec 26, 2009 11:18 PM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Judy, It is great to get both sides of a deal, most of the time that happens, I am the listing agent and the buyer comes to me thinking that is the best way to buy a specific property. They have done the research picked out the property and know what they are willing to pay...I can be a facilitator when the buyer is not seeking advise, they are buying their researched home...I'm just doing the paper work for my seller.

Dec 26, 2009 11:30 PM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Steve- if you were working with a buyer and had really developed a relationship and then they got interested in one of your listings do you refer the buyer out? 

I don't like dual agency, but have done it from time to time when I'm working with educated buyers who don't feel like I need to refer them out after we discuss what I can and can not do as a dual agent.  I prefer single agency, but do make the occassional exception.  Also my office offers "designated agency" where one agent in my office represents the buyer while another represents the seller.  In that case we work with two different files to keep agents from seeing any documents or notes they are not meant to see. 

Dec 27, 2009 07:13 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Tammy, I would say never...or always, making either one of those statements leave no flexibility to change. But I would try to be a buyer facilitator for a buyer looking at my listings. If I had a buyer agency relationship and listed a perfect property I would explain to both parties my obligations and request permission from my seller before contacting the buyer, for the record this rarely happens to me...due to the upfront talks early on in the buying or selling process.

Dec 27, 2009 07:44 AM
Laura Giannotta
Keller Williams Realty - Atlantic Shore - Little Egg Harbor, NJ
Your Realtor Down the Shore!

Great post on effective agency relationships and representation!  27 years in the business, I'll bet you've got some stories to tell!!!

Dec 27, 2009 11:28 PM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Laura, I will continue to share my real estate storiers with you and all my friends here in the rain.

                         Thanks Steve

Dec 27, 2009 11:39 PM