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Sellers Agent At Showings and Agency

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Real Estate Broker/Owner

Question About Agency DisclosureA friend of mine who is also a Realtor®  and I have this discussion quite frequently.  She is in another state and she believes that when a listing broker is present at showings of houses where the buyer is represented by their own broker that an agency form needs to be completed.  The listing agent is having contact with a buyer  and that buyer needs to understand that the listing agent represents the seller.  Therefore while there is an obligation to be honest they still represent the seller and the sellers interests.

My friend and I go back and forth on this point.  She is right but I don't know any listing broker who shows a home to a buyer that asks the buyer to complete an agency disclosure form prior to discussions about the property even though I believe that is the law.  No one can assume that all buyers understand this point fully which is the purpose of the agency disclosure to begin with. So, does it fall on the buyers agent to explain to their buyer that the listing agent is a representative of the seller.  I have no problem with that however is the listing agent breaking the law of agency?  Is it fair to the buyer to request them to sign anything with the sellers agent?

Hmmmm.

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New Orleans Property Lady, LLC

Broker/Owner and REALTOR (r) 

New Orleans, LA 70125

504-908-2268 (C)            

 Licensed in the State of Louisiana, USA

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Copyright 2012, Miriam Bernstein, All Rights Reserved

Terry Meyer
Berkshire Hathaway HomeServices Sound Realtors - Olympia, WA

In Washington state, it is assumed that when you are listing a home, you are representing the seller.  If you are asked to do both sides of a transactions, it is imperative that both the seller and the buyer have received copies of the agency law.

Feb 10, 2011 05:48 AM
Dennis Duvernay Broker/Owner
Hillview Realty - Northbridge, MA

Miriam...I always make up a home book for my listings and part of that book is a copy of my seller agency signed by the seller....I also do this at open houses....lets everyone know I work for the seller....I know when I show a home with a buyer that has the listing agent there I let my buyer know, that agent works for the seller...don't know if this answers your question though..

Feb 10, 2011 05:52 AM
Miriam Bernstei
Rochester, NY

Assumed by who?  Would a buyer seeing a property with their buyer's agent assume that another agent showing them the house represents the seller? 

Feb 10, 2011 05:52 AM
Kim Delia
Remax Professional Associates - Charlton, MA
Realty Delia Group

Doesn't the buyer's agent have them sign an agency disclosure?  I know every state operates different.  It's interesting to see how we do things differently.  If the buyer has an agency with their agent, it is clear that's the only agent representing them, therefore, the other agent would not.  I guess it's always open for interpretation.

I'd love to hear everyone's comments.

Feb 10, 2011 05:53 AM
Miriam Bernstei
Rochester, NY

Dennis, however is it sufficient to tell your buyer about the listing agent?  If you bring your buyer to a showing and the listing agent is there and shows the house to your buyer is that listing agent having substantive contact with the buyer?  Who is that Home Book you prepare for?  Are you giving it to another agents client?

Feb 10, 2011 05:58 AM
Dennis Duvernay Broker/Owner
Hillview Realty - Northbridge, MA

I think it is sufficient enough yes. Maybe having substantive contact but it is as a listing agent and the buyer has been notified that it is a listing agent....Book is for buyers to review about the property....Book stays at the home for showings...that is the way we do it here and it works....No one I know has been sued over this practice...

Feb 10, 2011 06:24 AM
Miriam Bernstei
Rochester, NY

Each area is different and that is why my friend and I keep going around on this issue.

Feb 10, 2011 06:57 AM
Miriam Bernstei
Rochester, NY

Each area is different and that is why my friend and I keep going around on this issue.

Feb 10, 2011 06:57 AM
Laurie Mindnich
Centennial, CO

Miriam, I believe in NY that a listing agent is required to provide the disclosure to either the BA or buyer...never have had that occur.  A buyer's agent is required to provide their agency to the listing agent or the seller- seems to occur with more frequency. lol.

Feb 10, 2011 01:46 PM