How Parties Can Sue Dual Agents in California

By
Real Estate Agent with Lyon Real Estate BRE #00697006

Who is most likely to sue in a California real estate transaction? I've seen statistics that point to the buyers. Most sellers are getting a big ol' pile of money at closing, so they usually don't have much to complain about. One of the reasons I love working with sellers is it's very easy to keep sellers happy. Keep them informed, be proactive, get them the highest price in the shortest period of time, and they're content.

Buyers are a whole 'nother story. Especially after closing when negative issues pop up and they are definitely certain, beyond a shadow of a doubt, that they were taken advantage of. But in dual agency, both parties can find a good reason to gripe. Especially now that we have new laws in California that will provide a better foundation for a lawsuit.

You can read more in my personal blog today at this link: Buyers Who Call Listing Agents Now Have More Ways to Sue Dual Agents.

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Certified HAFA Specialistelizabeth weintraub

 

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Elizabeth Weintraub is an author, home buying expert for About.com, a Land Park resident, and a veteran real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown and East Sacramento, as well as tract homes in Elk Grove, Natomas, Roseville and Lincoln. Weintraub is also a Sacramento Short Sale agent who lists and successfully sells short sales throughout the four-county Sacramento area with an emphasis on Elk Grove. Call Elizabeth Weintraub at 916.233.6759. Put 40 years of real estate experience to work for you. Broker-Associate at Lyon Real Estate. BRE License # 00697006.

The Short Sale Savior, by Elizabeth Weintraub, available with free shipping.

Photo: Unless otherwise noted in this blog, the photo is copyrighted by Big Stock Photo and used with permission.The views expressed herein are Weintraub's personal views and do not reflect the views of Lyon Real Estate. Disclaimer: If this post contains a listing, information is deemed reliable as of the date it was written. After that date, the listing may be sold, listed by another brokerage, canceled, pending or taken temporarily off the market, and the price could change without notice; it could blow up, explode or vanish. To find out the present status of any listing, please go to elizabethweintraub.com.

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Rainmaker
2,325,504
Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

In the past, I have known of two especially nasty lawsuits that involved dual agency.  And, both cases involved lack of disclosure about hidden issues with the property.  The buyers felt the dual agent had a part in that.  

Nov 14, 2018 06:06 AM #1
Rainmaker
2,721,289
Nina Hollander
Coldwell Banker Residential Brokerage | Charlotte, NC - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Good morning, Elizabeth... I hate dual agency... I consider it an inherent conflict of interest (as is evidenced by law suits) and I avoid it like the plague. In 25 years I've been a dual agent maybe 5 times... and each time it was a special circumstance that would not give rise to conflicts. 

Nov 14, 2018 06:29 AM #2
Rainer
21,573
Kris Collis
Bradley Realty of the Poconos - Stroudsburg, PA
Buy & Sell with Professional Results you Expect

Dual agency can proceed smoothly as long as the disclosures are complete and in writing with executed addendums.

Nov 14, 2018 06:44 AM #3
Rainmaker
2,120,824
Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents
Lyon Real Estate - Sacramento, CA
Put 40 years of experience to work for you

Myrl Jeffcoat Well, I'm sorry for your friends or whomever was involved in those lawsuits.

Nov 14, 2018 07:36 AM #4
Rainmaker
2,120,824
Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents
Lyon Real Estate - Sacramento, CA
Put 40 years of experience to work for you

Nina Hollander You and me both, sister. I believe, like you, I can count on one hand the number of times I have directly represented both the seller and buyer, and it wasn't as easy as people like to think.

Much prefer single agency. I think most people do if they understoood it. It's like hiring the woman prosecuting you to be your defense lawer when facing the death penalty. You're gonna die.

Nov 14, 2018 07:39 AM #5
Rainmaker
3,832,756
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Elizabeth, we did have one agent at our Assn who was sued by a buyer, but have not heard anything else.    So nice to chat with you yesterday, always a pleasure! 

Nov 14, 2018 08:27 AM #6
Rainmaker
2,721,289
Nina Hollander
Coldwell Banker Residential Brokerage | Charlotte, NC - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Hi Elizabeth... when I'm on a listing appointment and get asked how many buyers I personally have for their home I always say "none and I hope not to have any." That always gets their attention and when I explain to them why, people get it and don't want me to be a dual agent.

Nov 14, 2018 12:50 PM #7
Ambassador
3,977,414
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

That is the reverse here. Sellers complain because the margins are not big. Buyers have the leverage and they know it.

Nov 14, 2018 05:00 PM #8
Ambassador
3,582,309
Kathy Streib
Room Service Home Staging - Delray Beach, FL
Home Stager - Palm Beach County,FL -561-914-6224

Elizabeth- can't speak to it from an agent's point of view but I'd imagine (hope) that if dual agency were explained to sellers and buyers, they'd choose something else. If I were an agent, it wouldn't be worth the exposure to a lawsuit for me. 

Nov 15, 2018 09:26 AM #9
Rainmaker
2,120,824
Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents
Lyon Real Estate - Sacramento, CA
Put 40 years of experience to work for you

Joan Cox It was great talking with you again as well. Always a pleasure.

Nov 15, 2018 09:32 AM #10
Rainmaker
2,120,824
Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents
Lyon Real Estate - Sacramento, CA
Put 40 years of experience to work for you

Nina Hollander It is a bit amusing how sellers think we have all these buyers in our back pocket. If somebody wants to buy a house, they're in escrow already! Plus, like you, I do not want to do dual agency either.

I think some agents go into listing appointments telling sellers they have buyers at their disposal, maybe that's how they think we have all those buyers? But they leave out the crucial part about where buyers come from. They come from the listing. Hey, I will do a blog on that!!

Nov 15, 2018 09:34 AM #11
Rainmaker
2,120,824
Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents
Lyon Real Estate - Sacramento, CA
Put 40 years of experience to work for you

Debbie Reynolds We are in a buyer's market in Sac but the margins are usually wide, so even if the sellers have to reduce a bit to sell, they still get a big ol' pile of money.

Nov 15, 2018 09:35 AM #12
Rainmaker
2,120,824
Elizabeth Weintraub Sacramento Real Estate Agent, Top 1% of Lyon Agents
Lyon Real Estate - Sacramento, CA
Put 40 years of experience to work for you

Kathy Streib That's because although you don't sell real estate, you are level-headed and you possess common sense, coupled with reasoning powers.

Nov 15, 2018 09:36 AM #13
Rainmaker
2,721,289
Nina Hollander
Coldwell Banker Residential Brokerage | Charlotte, NC - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

Will look forward to reading that blog, Elizabeth!

Nov 15, 2018 11:20 AM #14
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Rainmaker
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