A frequent thread in online conversations among real estate agents is whether confidential information disclosed by an unrepresented buyer to a listing agent (seller's agent) can or should be disclosed to the seller. Presumably, as long as the seller's agent has complied with his or her state's agency disclosure laws, confidential information obtained from an unrepresented buyer can and should be disclosed to the listing agent's seller client for the seller's benefit.
One agent, when questioned as to whether she would use information obtained from an unrepresented buyer to her seller client's advantage, stated as follows:
"In a heart beat . . . . and have done it. I represented the Seller, told the buyer, I could show the home, but represented the seller, maybe they wanted their own agent to represent them. They informed me they had purchased and sold many homes on their own, and they did not rely on an agent to represent them. House was 425,000, they said we will offer 375,000, but the max we will go is 400,000. Buyer signed contract including Whom the Agent Represents. Called my seller and relayed the infomation discussed with me, we got 410,000, when the seller said he wanted 400,000. I walked on water and got a lot of referrals from that seller and still do."
Has this agent done anything unethical or improper? Absolutely not. Are many buyers who think that they are smart enough that they do not need an agent to represent them sorely mistaken? Draw your own conclusions.