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Dual Agency In Real Estate, Who Does It Benefit The Most?

By
Real Estate Broker/Owner with Realty Works Temecula BRE No: 01233850

So you want to buy a house and think you will get a better deal from the listing agent?  This is great advice - for the seller!

Here are some things to consider about Dual Agency.

FACT:   Listing agents are hired by the seller to sell their house at the best possible price with the best possible terms.

Question:  Can a person, or a Real Estate Agent, "Serve Two Masters", effectively?




Two Masters



Example One:
 I was representing a buyer who was purchasing a brand new home.  We were scheduled to close in two weeks when I received a frantic call from my buyer.  My buyer called the builder's lender to inquire about her interest rate and the lender told her that there was nothing they could do to get her the current interest rate which was 3/4 of a percent lower.  The builder's lender, which the builder gives the buyer incentives for using, had previously locked my buyer's loan interest rate at a higher rate when the contract was written, without telling her.  Since interest rates were lower, my buyer wanted the current rate.

Since I was a witness and I was there at the beginning of the contract and was witness to the sales agent telling us both that the interest rate would be a "float rate".  (Meaning that my client was guaranteed a lower rate if rates were to drop before the interest Rate Was Locked).  I was able to turn the situation around for my buyer and get here the lower rate by calling the bank and by calling the builder's corporate office.  I also wrote a blog post regarding the situation that the builder asked me to retract when the problem was settled.

Example Two:  During a recent short sale that I closed,  the washer and dryer were included in the Multiple Listing description.  The washer and dryer were in the house when we first saw the house.  When the owners left the washer and dryer were gone and the listing agent took the washer and dryer out of the Multiple Listing description.  As soon as I noticed that the washer and dryer were gone I approached the listing agent with the prior MLS sheet, of which I saved a copy, and wrote an addendum stating that the seller was to credit the buyer for the missing items.

Example Three:  During a home inspection on a short sale, there were holes in the walls where wires had been pulled to install speakers.  The listing agent suggested that we fix the holes ourselves to save the seller money.   In the best interest of my client I also had an electrician check the wiring and make sure it was not defective before closing up the walls.  Oh, and I had the seller pay for it also!!!

These are only three short examples of how having your own agent represent you during a real estate transaction can aid you in negotiating your home purchase. Here in California, Real estate agents can practice, "Dual Agency", however, having your own agent looking out for you and your interests is best and recommended by most real estate advisers.  Click here to see BankRate.com's advice about having a Buyer's agent represent you in your home purchase!

Go to my website: www.soreal.biz to find the most popular areas in Southwest Riverside County.

Contact me for the latest Real Estate information: regarding Temecula Real Estate, Temecula Custom Homes, or Real Estate anywhere in Southwest Riverside County. 

Jane Grant     Southwest Real Estate   Telephone:  866 621-0155
 
FACEBOOK, LinkedINU-Tube, Twitter, Trulia

 

Jane Grant   ~    DRE:  01109492
Southwest Real Estate, Inc. 

Telephone:  866 621-0155

Comments (11)

Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Jane - AMEN!!!  I am still boggled by the morons buyers who still think that using the LA is going to save them money, some of these people my own clients.  I too have enough real life experiences to pass on whenever I hear one of my clients telling me that they're only going to use the LA when they buy.  For any buyer using the LA to purchase, I have two words - BUYER BEWARE!!!

Jul 07, 2010 04:29 AM
John Souerbry
Cordon Real Estate - Fairfield, CA
Homes, Land & Investments

Well said!  I hope all agents will join me in writing to their state legislature to urge them to outlaw dual and multiple agency.

Jul 07, 2010 04:32 AM
Sidney Kutchuk - Realty Works Temecula Kutchuk - Realty Works Temecula
Realty Works Temecula - Temecula, CA
Realty Works Temecula

Thank you Donne:  I wrote this for the benefit of the public.   I am aware that I may get some disagreement and since this is my opinion for MY readers I am ready to use my delete button if I get some inappropriate remarks!

Jul 07, 2010 04:32 AM
Sidney Kutchuk - Realty Works Temecula Kutchuk - Realty Works Temecula
Realty Works Temecula - Temecula, CA
Realty Works Temecula

John:  You could start something here....Is there a website to go to?   Some States already are adopting this and have for some time.  

Jul 07, 2010 04:33 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Sorry Jane, but I am not opposed to dual agency and have served as a dual agent.  Funny this is --- I cannot serve two masters as there is only one in my book.

But I can serve two clients.

Jul 07, 2010 06:20 AM
John Souerbry
Cordon Real Estate - Fairfield, CA
Homes, Land & Investments

Jane, there is no web site I know of.  I've just been writing to my local state senator and representative urging them to look at doing something about it.  I saw the numbers on how many law suits are clogging the courts because of this, one is too many.  Every year I run into about 10 to 12 properties that standard listings but only get advertised within the listing broker's office.  I don't see how anyone can think that is the best way to market a property and get the best market price.

Jul 07, 2010 07:13 AM
Sidney Kutchuk - Realty Works Temecula Kutchuk - Realty Works Temecula
Realty Works Temecula - Temecula, CA
Realty Works Temecula

Charita:  I do remember one of your very first posts was about this and you are entitled to disagree with me.  After all, you are being nice and professional about it.  What's been going on here in Southern California and I am certain other competitive areas, is that Listing agents are pushing their own offers at the Seller, just so they can double end the transaction.  This is true especially for the lower end priced properties.  Question for you though...who is your one Master?  :)

John:  Here the problem is listing agents not even presenting some offers because they want to "Double End", them.  Also, here we have to have the Seller sign a form that says they agree to have their property not listed in the MLS in order for it to be excluded from the MLS.  Thanks for your input!

 

Jul 07, 2010 10:01 AM
Renée Donohue~Home Photography
Savvy Home Pix - Allegan, MI
Western Michigan Real Estate Photographer

I don't do dual agency period.  I will refer out any buyer that needs to write an offer on my listings.  I had one buyer who was just adamant they did not want representation so we made a clause in the contract that he was represented.  He tried going after me with issues (which were actually covered by HOA) once it closed but all I had to do was pointed out that he chose no representation and I encouraged him to get representation, even a lawyer.

 

Jul 10, 2010 05:56 AM
Charita Cadenhead
eXp Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

My one master is God of course.  I've only been a dual agent once or twice and it's never my objective to me-op a deal, but if it happens, I'm not opposed to it.  I'll just let the Master guide me through it.

Jul 12, 2010 10:11 AM
William James Walton Sr.
WEICHERT, REALTORS® - Briotti Group - Waterbury, CT
Greater Waterbury Real Estate

Charita, I think Jane knew where you were going with that :-)

Jane, buyers definitely need their own representation. And, no, you cannot effectively serve two clients on the same transaction when the means to reaching the same goal - the successful transfer of property from seller to buyer -  are diametrically opposed.

Jul 13, 2010 01:18 AM
Not a real person
San Diego, CA

When I worked as a real estate agent in Texas, "dual agency" meant that I as the real estate agent was working for both the buyer and the seller. I never did that because I just couldn't see trying to server two masters, and doing it successfully. Out here it seems to mean that the brokerage is handling both sides of the transaction although it could be just one agent or two agents. I like two agents better.

Jul 13, 2010 08:34 AM