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Call It Old School If Necessary | I Call It Keeping The Scale Balanced

By
Services for Real Estate Pros with RE/MAX Executive Realty - Happily Retired 104763

I read a very important featured post this morning written by Eve Alexander and titled, “Orlando FL Luxury Buyers Agent,” and I cannot stop thinking about the fact that only two members reblogged this post and the comments were minimal. That was troubling to me.

In Massachusetts, we have dual agency, and it seems to be running parallel to an agent being recognized as a “transactional agent” in Florida.  No one is represented throughout the transaction with dual agency, just as with being a transactional agent.

The only one who benefits is the sole agent in the transaction.  It’s a full “payday.” There are some buyers who insist that they not be required to use a buyer’s agent. We fill out and explain an agency disclosure.  We clearly tell then and put it in writing that we are representing the seller. 

What does that mean to a buyer? It means that if there is a dispute, that buyer will be on his/her own. That is also explained. Rarely do we meet a buyer who refuses to use a buyer’s agent, but it does happen. Fortunately, we cover our selves when that happens because we “require” everyone who works with us to have an attorney. We give them a list of local real estate attorneys, and they can call and discuss fee and any other questions. With us, they WILL have representation, in spite of themselves, one way or another. That’s what I call “A Clean Deal.” I’m too old to not sleep at night, and the team members better stay alert to not miss business.  No need to be greedy. You’ll make more money when everyone is happy and realizes THEY HAVE PROPER REPRESENTATION.

As I read the post, I thought about the many comments I’ve received in the past when I wrote about this topic.  Many would say they are fair to both sides.  How does that happen, if there is a dispute?

No one ever discusses having a real estate attorney on board for each of the participants. There are great issues with both dual agency and transactional brokers and the lack of proper representation.

It’s all about the money. No one is going to like this post. It’s a topic that’s not popular, and it should be discussed with every potential buyer.  It should be discussed in detail in the presence of other agents.

I continue to promote the safe and “fair” way of doing business. Pick a side and stay there. That’s the SAFE and FAIR way of doing business.  We expect to cooperate with a buyer’s agent on every listing we have in our inventory.  

Just saying…..

 

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Barbara Todaro, Great Grandmother to Caleb, Santino, Aiden and Gianni       

Todaro Team - Retired

508-918-9148

               

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Comments(14)

Missy Banks
| Allen Tate - Charlotte, NC
Exceptional Homes & Service

I live on the border of NC and SC.  SC just started a transaction borker and I don't get it.  Why would a buyer or seller want that?  I agree with you, no one seems to be represented.  For that reason I do not practice dual agency.  I don not want someone coming back saying they did not feel represented.

 

 

Aug 27, 2018 02:39 PM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Missy Banks I'm with you all the way on this.... it makes no sense to me, other than greed rearing its ugly head.... and there's always a very good chance of the buyer saying they were not represented .... why would an agent want that reputation or the chance of a buyer going even further with complaints....

Aug 27, 2018 03:01 PM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

That's a very interesting article that Eve Alexander wrote. I did not know the state of Florida didn't have mandatory agency disclosures.  We have had them here in California shortly after I was first licensed in 1981.

Aug 27, 2018 04:34 PM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

we've had them for probably that long....  every state should have an agency disclosure form to explain and fill out with the buyer and/or seller..... Myrl Jeffcoat 

Aug 27, 2018 04:39 PM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

When I was first licensed we were a one page contract and no disclosures.  If I remember correctly, it was the Agency Disclosure that was the first disclosure to be rolled out.  Now we are into dozens of papers for each transaction!  Times have certainly changed since 1981.

Aug 27, 2018 04:43 PM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

the good old days were simple.... I miss that.... Myrl Jeffcoat 

Aug 27, 2018 04:54 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Our state doesn't recognize transactional agency, but still allows dual.  I won't touch it with a ten foot poll.  Never did.  It's too troubling if there is a dispute.  The argument I always hear in favor of dual is that some agents really think they are the best and if both sides are represented by "the best" what could possibly go wrong?  I find that arrogant and justifying a very poor business practice.  Real estate isn't about US.  It's about our CLIENTS.  When the client's needs come first, we will never have to worry about a pay day.  

Aug 27, 2018 06:20 PM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Featured in the group:  BARTENDER, MAKE IT A DOUBLE.

Aug 27, 2018 06:21 PM
James Dray
Fathom Realty - Bentonville, AR

Morning Barbara.

Come on now, I like this post.  Dual agency is commonplace around here, for the most part there is never an issue. We've had buyers who, insist on using the listing agent to seal the deal.  

Aug 28, 2018 02:25 AM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Chris Ann Cleland thanks so much for the feature...

and I knew you'd like this post and topic.... can't even imagine you participating in dual agency.... 

Aug 28, 2018 03:37 AM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

James Dray we have that happen, too, but we continue to represent the seller.... the buyer clearly understands they are going it alone, if they do not want to use a buyer's agent.... how foolish of them!!!  but we never participate in dual agency...and that's in writing and acknowledged by the buyer.

Aug 28, 2018 03:39 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Good morning Barbra.  There is much room for improvement in how this business is being conducted throughout the country.

Aug 28, 2018 05:57 AM
Potranco Realty
Potranco Realty - San Antonio, TX
"Sold with Potranco Realty"

Dual Agency is illegal for Texas salesperson in real estate. We can write an offer for a buyer but they must know who represents who and all parties must be give "Information About Brokerage Services" at first substantial meeting which outlines the duties of "Intermediary" and "non-Intermediary" who represents who. We too have in our contract buyer or seller has the right to seek legal advice from a Lawyer. Most never do this. 

Also Brokers who have only one agent and not more can not do "Intermediary" and this must be addressed to a buyer/seller.

Yep.... in dual agency one should document every conversation/document with both parties to prevent possible law suits down the road. Risk-management.

Aug 29, 2018 03:45 AM
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

Gabe Sanders you're absolutely right...

Bob Ratliff unfortunately, greed overpowers the thought of future lawsuits....

Aug 29, 2018 03:48 AM