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Dual agency protects or trivializes agency

By
Real Estate Agent with Kettley and Company

Dual agency is allowed in Illinois. If a realtor shows a home (listing) where they are representing the sellers and you explain how your advertising dollars will, about 25% of the time, bring them a buyer through the listing agent. The realtor owes fiduciary responsibility to the seller but is obligated to tell the public of any latent defects in the property.

A realtor does not harm their seller if they explain to them how you will; tell them about the qualifications of the buyer but not how much a buyer is willing to pay. The seller also needs to know that should they allow you to be a dual agent that you can not tell the buyer how much you (the sellers) will accept for the home. It is also a good idea to explain how this confidentiality of personal infrmation does not go away as the home sale is completed. It last forever.

The buyer on the other hand needs to be informed of the possibility of dual agency before a realtor ever shows them a property listed by that particular realtor. If the realtor explains this up front to a potential buyer they will be a little more cautious of how they go about "negotiating" for the home. This puts the realtor, the buyer and the seller in a more favorable win-win situation.

Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

We have something very similar here in Oregon and as a Realtor that deals in a lot of Owner Financing and Lease Option deals. Most other agents don't understand them, so I do end up doing a lot of these on my own and represent both sides.

Aug 21, 2007 05:23 PM
Sharon "Toni" Brown
Exit Realty United - South Ozone Park, NY
South Ozone Park - New York City Real Estate
In New York they don't encourage dual agency and all prospects have to sign a disclosure form that explains the different types of agency whether renting, selling or buying.  In order to sell your own listing you must have informed consent.  It protects all parties concerned.  In today's letigious society better to be up-front and have it in writing.
Aug 27, 2007 04:28 AM