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Dual Agency...For or Against?

By
Real Estate Agent with REMAX Distinctive Real Estate, Inc. VA 0225060562

One of the reasons I first got into Real Estate was after a very unimpressive and somewhat traumatic experience I had when trying to sell my first home.  In the process, I realized two things....customer service and accountability were absolutely critical if one wanted to be successful and every client needs 100% representation.  I won't go into the details of my nightmare but suffice it to say in the end no one was looking out for my best interests.  A commission was made entirely at my expense and I've had a bad taste in my mouth ever since.

Since entering the business, I have devoted my career to dealing with only one side of a transaction.  I don't feel the Dual Agent is doing anything unethical or improper (when it's legal to do so in your state) but I've never seen the benefit of spending so much time, money, and energy to secure both sides of a transaction.  I consider myself a marketing specialist and a facilitator so my objective is to expose my listings to as many potentials buyers as possible - often times this is through their buyer's agent. 

On some occassions I have secured the buyer and have given them the option of working with an agent they are comfortable with, having me refer them to another agent, or suggesting they represent themselves.  If they want to proceed without representation, I offer them the buyer's agents 3% to be used as a discount in sales price or as a seller concession.  My Broker and I are fine with the arrangement as long as the buyer signs a liability waiver and agrees to seek legal counsel when necessary.  My sellers love the flexibility of options and the buyers appreciate the upfront approach. 

Am I alone here?  I know this is a sore subject with many agents and this is not meant to offend - only provoke some intelligent debate and possibly allow me to better see the "other side" of the fence.  There is no right or wrong here and I'm not implying any one way is better than the other.  This is simply what works best for me.

Irene Morales Ward, Northern Virginia Real Estate

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  Irene Morales Ward

Realtor, e-Pro

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IreneWardRemax@gmail.com

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 RE/MAX Distinctive

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McLean, VA 22101

LEGAL DISCLAIMERS: Any communication provided to you regarding specific mortgage products is for informational purposes only and should not be relied upon by you.  Neither REMAX Distinctive Real Estate, Inc. nor Irene Morales Ward, Realtor® are mortgage lenders and so you should contact the entity providing the specific mortgage product(s) directly to learn more about its mortgage products and your eligibility for such products.

 

 

Comments (19)

Rosario Lewis
DDR Realty - Newburgh, NY
GRI, SRES - DDR Realty - Orange County, NY
I concur. I avoid dual agency and refer clients to other agents when situations arise.
Jul 28, 2007 09:17 AM
Liz and Tim Frangioso
Keller Williams Realty - Chicopee, MA
This is always a point of contention in my area.  And funny enough, I got into real estate after a very bad experience with an agent as well.
Jul 28, 2007 09:17 AM
Debbie Cook
Long & Foster Real Estate, Inc - Silver Spring, MD
Silver Spring and Takoma Park Maryland Real Estate
I am with Long and Foster in the Washington, DC METRO area.  90+% of my transactions are Dual Agency transactions.  I've been with Long and Foster since 2002, before with other area brokers, dual agency transactions were very few and far between.  So far with Long and Foster, it seems to be working out very well for me and all the other L&F agents I know.  I work primarily as a Listing Agent and refer a lot or most  buyers I come across to other agents, sometimes I refer to great agents I know that are with other brokers and not with Long and Foster.  I am sorry you had such a bad experience with this.
Jul 28, 2007 09:23 AM
DJ Breckheimer - SW Mpls Specialist
Re/Max Advantage Plus - Minneapolis, MN

I am very "hardcore" about how I deal with dual agency.

I begin by making sure tha tboth clients understand exactly where I am in the transaction, advise them to do what is best for them and their interest, and let them know that I will not participate in a dual agent transaction unless all parties agree to "meet at the table" face to face.

I know that this can be very scary for both parties, but it has been an incredible success each time.  AND there is no worries buy either party as to what I am or have said or disclosed to the other party.  Each and every time (I have done this 3 to 4 dozen time) everyone walks away say that they wish it could be this easy each time they bought or sold a home.

I make it very clear to both parties that unless we are able to come to an agreement that will allow both parties to walk away feeling as though they got something they wanted that neither will walk away accomplishing their goals.

Obviously I am leaving a lot out here, but just trying to give my point of view and experience with out making to long of a response.

I hope that helps.

DJ Breckheimer
SW Mpls Specialist
www.djBreck.com

 

Jul 28, 2007 09:25 AM
Dionne Morgan
Realty World Solano Realty - Vallejo, CA
Broker REALTOR ,GRI, e-PRO
I concur. Some agents say it their goal to achieve a dual agency. In my opinion it is one hell of a balancing act. Those that do must disclose, disclose, disclose. Even if you are overly cautious and fair in your dealing on both sides, what if one side even perceives a slight disadvantage what would the legal ramifications be? 
Jul 28, 2007 09:34 AM
Eric Bouler
Gardner Realtors, Licensed in La. - New Orleans, LA
Listening to your Needs
When it happens I try to do an extra good job. I have had few problems with it. When I see it may be an issue I ask a friend to take the person and work with them. Its sort of a feeling out and asking the person how they feel about it. I do not shy away from dual agency nor do I go after it strongly.
Jul 28, 2007 09:50 AM
Tina Abraham
Coldwell Banker Seacoast Realty - Wilmington, NC
Broker, SRS, Realtor, Wilmington NC Luxury Real Estate

My role is as a mediator in this situation, and I explain this to my clients at the onset.

 

Jul 28, 2007 09:54 AM
Rochelle Kosanovich
J. Roberts & Co. Real Estate Services - Paradise Valley, AZ

I am a Sales Manager in Scottsdale Arizona and we just had this debate in our office Friday.

We are allowed to Limited Dual Representation and you know, in the 16 years that I have been in the business, I see both sides to it. I mean I can absolutely agree, how can you fairly represent both sides in the transaction, however, when taking a listing and building that relationship with the Seller you very quickly become privvy to some information that would not benefit the Seller if released, yet unfair not to inform the buyer if you know. YET, I have seen some agents do this very effectively, fairly with strong and enduring relationships with their clients....so, my point is.....still on the fence....??!! Not much help, right! LOL!

Jul 28, 2007 10:38 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time
Irene, I'm with you 100%. I work with Sellers. I prefer to not even know the Buyers. It just makes my job so much easier. Dula agency is illegal in Florida. We can however represent both parties as a Transaction Broker I just choose not to.
Jul 28, 2007 10:51 AM
Irene Morales Ward
REMAX Distinctive Real Estate, Inc. - Stafford, VA
Realtor - e-Pro - Northern Virginia Real Estate

Debbie - I guess I don't understand...do you do dual agency or refer the buyers to other agents?

DJ - That is absolutely the best, fairest approach I've ever heard in any forum for Dual Agency!  My hat's off to you for being able to handle it so professionally. 

Dionne - That's my fear and why I avoid it.  Even the slightest misinterpretation could ruin a transaction and a client relationship.

Eric - Having an out if things get touchy is an excellent option.  Never thought of that.

Tina - As a mediator, how do you fulfill 100% of your fiduciary responsibility to one client or the other?  This is where I get lost.

Rochelle - I admit after 7 years in the business, I just don't see the benefits for me but I know agents who have been in the business considerably longer who would benefit from dual agency.  So, yes, I'm still on the fence but I can see much clearer thanks to everyone's input!

Jul 28, 2007 10:56 AM
Sandy Nelson
Riley Jackson Real Estate Inc. - Olympia, WA
your Olympia area Realtor

I would never be a dual agent. I don't see how an agent can adequately represent two parties with different interests. It's like an attorney representing opposing parties in court. I know it works for soma agents and their clients, but I'd rather get half the commission and stay above reproach than to have clients with doubts about my representation.

Sandy

Jul 28, 2007 12:56 PM
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA
Dual agency is often misunderstood.  If you are the listing agent and someone calls you from a sign call, an ad, the Internet to see one of your own listings,  It is not dual agency.  It is only dual agency if I have a signed listing agreement and a signed buyers agreement and they are now interested in purchasing your listing.  Chances of that happening are pretty remote.  For the few times it has happened, it was done easily with full disclosure.  They either trust you, or they do not.  If they don't, there are no problems with them finding another agent.
Jul 28, 2007 01:40 PM
Anonymous
Anonymous
Jim - I'm afraid in the Commonwealth of Virginia you do not need a signed buyer's agreement to represent a buyer in a dual agency transaction.  You simply have to disclose that your are working for both parties in that capacity and both principals must agree to such an arrangement.  In other words, if the buyer calls me from an internet ad and asks to see the home, I disclose that I would be happy to do so but I am employed by the seller and represent him fully.  Any agent can show a property to a customer but when a significant discussion about an offer transpires, the buyer had better know ahead of time with whom they are speaking....their agent, the sellers' agent, or both!
Jul 28, 2007 02:19 PM
#13
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA
But are you working in the capacity of both parties only if you choose to do so.  Why not side step the dual agency situation and an avow or reaffirm you are only representing one party?  There is no legal liablitiy as a dual agent.  YOu can still collect a commission, and as a dual agent if something goes wrong...it is my understanding that most E & O will not cover a claim if it involves dual agency.
Jul 28, 2007 02:34 PM
Anonymous
Anonymous
Jim - there is no legal liability as a dual agent?  Have you ever heard of Lem Marshall (since you''re licensed in VA)?  I'm not sure I understand the other point you're trying to make.  I do side step the dual agency situation...by not practicing it - ever.
Jul 28, 2007 02:39 PM
#15
Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

There is a lot of liability as a dual agent, so I would do everything I could to avoid it.  I view the above situation is that legallly I am already under contract to one party.  So even if VA law is differnet as oppsed to buyer agency why play with fire?  I would just draw a line in the sand to avoid any ambiguity that my choice is to represent one party only.  That is the only point I would make.  I am interested in protecting my own survival.

BTW I did look up that article re dual agency for VA.  Dual agency is allowed in Georgia also, but does nto mean it is smart to do it.  I equate it with palying with fire.  Whan working in the capacity for only  one party to the contract...I spell it out,,, that in now way should it be construed I am representing that buyer.

Jul 28, 2007 02:46 PM
Irene Morales Ward
REMAX Distinctive Real Estate, Inc. - Stafford, VA
Realtor - e-Pro - Northern Virginia Real Estate

I am interested in protecting my own survival.

I'm right there with you!  Amen, brother!

Jul 28, 2007 02:54 PM
Paul Viau
Nova Scotia Real Estate Blog - Halifax, NS
Nova Scotia Real Estate Blog + Photo Services

Dual Agency can be scary at best. I work in Nova Scotia where the powers to be are offering an alternative - Where  by you can deem a person you just met a client ,therefore limiting the duties you owe them. 

I am a buyers agent mostly, so I object strenuously to this proposed change, and will always do it the old way, but upfront, and nothing to hide.

I'll post a blog on our changes sometime soon. 

Jul 28, 2007 03:00 PM
Desiree Daniels
RE/MAX Tri County - Robbinsville, NJ

I have to say I sell alot of my own listings... more than 50%... and I average 50-75 sold listings a year....   So I am all for it.   My clients understand the difference between seller's and dual agency and working with me specifically the benefits and disadvantages that might entail.

 

Jul 28, 2007 03:20 PM