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Dual Agency?

By
Real Estate Agent with Joy Daniels Real Estate Group, Ltd.

 

DUAL AGENCY - When a real estate agent becomes a dual agent, they technically represent both parties in the transaction.

When a consumer hires a real estate agent, they expect that person to be in their corner. They are hiring a professional they can count on to give them sound advice. They may be even looking for their agent to guide them through the process if they are a first-time home buyer.

The advice an agent normally gives can start before, during or even after a sale has taken place. With dual agency, a real estate agent is not able to give proper guidance to either a buyer or a seller.

For example, if a buyer finds a home they would like to purchase and asks the agent what they should offer the agent is not allowed to give them advice.

On the other side of the coin, if the sellers asks what they should counter offer at, the agent is not allowed to help them either.  Both the buyer and the seller are in an awful position because neither of them has any true representation!

So who benefits from dual agency? There is only one party that benefits from dual agency and that is the real estate agent. With dual agency, an agent has the opportunity to what's known as "double side" the deal or make double the commission.

There are lots of real estate agents that will tell you that dual agency can be done. No problem they will insist. Of course, they will tell you that because they want the opportunity to make more money.

Human nature often gets in the way of ethics, and that's exactly what happens with this arrangement.  If you are selling your home, you want/need a Seller Agent and if you are buying/hope to purchase a home, you want/need a Buyer Agent.  Don't call the name on the sign, they are representing the Seller.   This is not a gray area!  All Buyers and Sellers need their own representation.

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Posted by

Joy

Joy Daniels, GRI, ABR, CSP, e-PRO
JOY DANIELS REAL ESTATE GROUP, LTD
2793 Old Post Road, Suite 200
Harrisburg, PA  17110

(717) 695-3177  office - Call TODAY and let me help you find your dream home!

www.joydaniels.com

Joy@JoyDaniels.com - Email TODAY and let me help you find your dream home!

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Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Joy Daniels - Many Brokers frown on dual agencies here in TX but TEAMS are often in dual relationships. 

I'm with you, each party should have their own representation. 

Mar 12, 2023 01:55 PM
Dr. Paula McDonald
Beam & Branch Realty - Granbury, TX
Granbury, TX 936-203-0279

An excellent post on this topic. Each client needs their own representation. I feel it is in the best interest of all parties.

Mar 12, 2023 03:14 PM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hello Joy - real estate can be confusing to those outside the industry.  Being better informed can help.  There has been progress but there is still much to achieve.  

Mar 12, 2023 03:49 PM
John Pusa
Glendale, CA

Hello Joy Daniels very good detailed helpful report for dual agency.

Mar 12, 2023 05:11 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Joy, not all agents have ethical problems.... when I am on both sides of a transaction I clearly let both sides know.... when they want to ask what we should offer my advice is the same if I am on the buyer's side.... give your best offer so if you do not get it you will not be mad at yourself.... and I provide the comps. This has been my MO for the past 27 years.... when Diane was buying her/our home I did the same thing and I was on one side:)Endre

Mar 12, 2023 09:59 PM
Richard Weeks
Dallas, TX
REALTOR®, Broker

Great information, thanks for sharing.  I hope you have a great day.

Mar 13, 2023 03:02 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Good morning, Joy... I have no issue with dual agency within my brokerage. As for personal dual agency, I consider that an inherent conflict of interest. How do you represent the best interests of two parties? 

Mar 13, 2023 05:31 AM
Joy Daniels

The agents in our office do work with both Buyers and Sellers, but not at the same time.  If an agent has a listing, they are not able to represent a Buyer (of course there are always exceptions!).   We have generous in-office referral program set up and none of the agents have ever complained.  It works well for the Buyers and Sellers too!

Aug 07, 2023 12:29 PM
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

I believe that the huge NAR Lawsuit could end Dual Agency . The decision rendered was that Sellers should only be paying for the Agent who is working for THEM . Dual Agency puts us on slippery ground Post Lawsuit !

Feb 23, 2024 08:20 AM
Joy Daniels
Joy Daniels Real Estate Group, Ltd. - Harrisburg, PA

As always you have good insight Michael!  I was in Lancaster earlier this week at a Top Producers event and hoped I would see you!  

Feb 23, 2024 08:36 AM