Special offer

Dual Agency

By
Real Estate Agent with Coldwell Banker Cascade Real Estate

In Washington Real Estate it is permitted for an agent to be a dual agent (represent both the buyer and seller on a transaction). Naturally, it has to be disclosed and both the buyer and seller need to agree to it .

Many if not most agents will act as a dual agent. However, I don't like it and usually won't. I think the potential for liability is too high and certainly the appearance of conflict or actual conflict of interest makes me uncomfortable!

Honestly, how can you negotiate for one party when you know what the other party will do? How can you advise one party fairly if you know the warts on the other side...no, not just warts but concerns and perhaps weakness. Finally, there is the financial end of things too. Assume a $300K transaction and a 6% commission. If I represent one party the commission on the table is 3% or $9,000 ( later to be split with broker). But, if I "represent" both parties the amount is $18,000. In all honesty, how do you keep the tail from wagging the dog? You cannot convince me that if an agent represents both sides the amount on the table does not creep in, at least briefly...

Lets put it another way. Assume your agent confronts you with representing both sides. Ask your self does he/she have my interest at heart? Or evaluate it this way. Assume you are getting a divorce... do you want the same attorney representing both parties? There MAY be circumstances where it might be ok. But as a general rule I think not.

So, my advice is do not accept a dual agency in a real estate purchase or a real estate sale. For people buying homes in Wenatchee, and if they are my clients, I plan on being sure there is fair representation! I know there are other agents that probably do not share my thoughts on this matter. I am sure they are doing a good job too. I just feel strongly on the subject in all but the most basic and simple cases.

To see this and similar posts visit my site at http://wenatcheerealestate.blogspot.com

 

Posted by

Perrin Cornell, Broker, ABR

Century 21 Esclusively

135 N. Missin

Wenatchee, WA 98801

Web Site

E-Mail

J Perrin Cornell
Coldwell Banker Cascade Real Estate - Wenatchee, WA
Broker, ABR, VAMRES

Thanks for your comment.

It used to be, in Washington, not too many years ago that the issue never came up as everyone represented the seller. Now both sides have representation (which I think is a good thing). But the basic tenant to not do anything that will harm the interests of your client conflicts with representing your clients interests. So dual agents become more of a facilitator rather than an advocate.

Feb 04, 2007 02:20 AM
Geordie Romer
Windermere Real Estate / NCW - Leavenworth, WA
Serving Leavenworth, Lake Wenatchee, and Plain
I mentioned this on my blog about  Office Exclusive Listings. I think one of the best things that could be changed in Washington State real estate law would be to ban dual agency.  Greed leads too many folks down a path towards legal liability.
Feb 07, 2007 11:14 AM