To avoid the conflict of dual agency, some state laws allow designated agency, where a broker within a single  real estate office representing both the buyer and seller can designate or appoint one salesperson as the "buyer's agent" and another as the "seller's agent" in a transaction. The role of the broker will vary in these instances, depending on the state statutes, from being totally removed from the transaction to being a dual agent, as both sales people are in one office  These laws are quite a departure from traditional common law.

This means simply when there is a listing in the brokerage of which an agent is working and those sellers are represented by another agent in that same brokerage than this is called designated agency.  Once again there must be full written disclosure in the state of Virginia. The principal broker acts as a dual agent in this case in Virginia.  In designated agency both agents are able to provide full representation to their respective clients.  It is a win win situation.

It is my opinion that many times designated agency can eliminate any liability or confusion of dual agency in which one agent represents both parties of a transaction. 

It is the clients right to not agree to dual agency and to get full representation with designated agency in the state of Virginia.   

 
This post has been included in Virginia Information

5 Comments on Can I Have Full Representation Please?

MAR
03
2008
184,470 Points 1 Featured Post

It's up to the indiviual buying or selling property if they want dual agency they sign the contract saying they do.

 

Patricia Aulson  Hampton NH Real estate 

8:58am • #1
544,129 Points 11 Featured Posts Outside Blog
Dual agency is tricky - even in states where it's allowed. It's hard to represent both sides to their best advantage at the same time. Facilitation is fine, representation not.
9:05am • #2
220,037 Points 4 Featured Posts Outside Blog

Nannette, some company's in Virginia do not allow Dual Agency by agents in their office. For those outside of Virginia, you cannot sell your own listing. Designated Representation fits the bill, but like you said the Broker becomes the Dual Agent.

During the listing presentation, do sellers sign up to Dual Agency because they think it limits their exposure if the listing agent cannot bring in a buyer?

Thanks, Good Post!

9:13am • #3
112,324 Points 15 Featured Posts Outside Blog

Patricia I'm not against dual representation I am totally for complete and full disclosure when doing so.

Steve. I think it could be tricky  Virginia does not offer facilitation.

Michael Yes I've heard of some brokerages disallowing dual agency.  Sellers should receive full disclosure at the time of listing and of course this should be in writing.  I think that limiting their exposure could be a factor that would weigh their decision.

9:28am • #4
DEC
04
2008

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Lynchburg Campbell County Bedford County Nannette Saunders ASSOCIATE BROKER

Lynchburg, VA

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