Real Estate Broker/Owner with All Access Real Estate Associates NH/VT

I Know everyone is tired of hearing about AGENCY, but this story has to be shared.

Ever since I decided to take the LEAP of FAITH and jump into Real Estate I have taken every class I can get myself to.

Last year I attended a class being offered in the Firm where I was an Agent.  When the notice of the time and date of this "AGENCY" class was circulated, it included a statement that it wasn't going to be your typical AGENCY DISCLOSURE lecture, me being the education nut decided why not!

To my surprise the class filled very quickly.

As I listened to the BROKER who happens to be a certified teacher in our state explain to the class what SPLIT AGENCY was and how it is LEGAL I shook my head and thought to myself, 'SPLIT AGENCY' ARE YOU FOR REAL??!!!

The Instructor noticed my reaction and asked me if I had something to share,I looked up at him and said, "THERE IS NO SUCH ANIMAL!"   I will never forget the look of dismay I received from him!

This is what was being taught that day:

SPLIT AGENCY is a way of ALTERNATING RELATIONSHIPS.   In other words, going from Seller Agent, to Buyer Agent and vise-versa!  The explanation as to how this is done is simple according to the Instructor.

Once full disclosure is given to a buyer prospect, and they choose to be represented, you explain that you only represent them on  FSBO'S, NOT FOR SALE, and COOPERATIVE LISTING THROUGH THE MLS,  next you have them sign an in-house BUYER AGENCY AGREEMENT  acknowledging their understanding that when you start showing them properties you will not be representing them on any in-house listings. The best part is there is even a way to memorialize this so you don't end up at the REAL ESTATE COMMISSION!  Just take a sheet of paper and plug in the addresses of the properties you will be viewing with the buyers and note next to each one who it is you will be representing next to the property address before bringing the buyers to view the properties, full disclosure!! (SHOCKING STUFF!!)

I have to be honest, when the Instructor reached this point I stood up and said, "that's DUAL AGENCY, you cannot switch back and forth from being a sellers agent to a buyers agent at your convenience! This limits your  FIDUCIARY duties to both CLIENTS, therefore; you become a DUAL AGENT and must disclose it to both sellers and buyers in writing before showing the property, and obtain their signatures on the DISCLOSED DUAL AGENCY AGREEMENT!

Needless to say, the class agreed with me, and the Instructor and I had a closed door discussion, which didn't accomplish anything for either one of us. I let it be known that I didn't agree and would never use this type of AGENCY in PRACTICE and he let me know that I was wrong and if done properly SPLIT AGENCY and ALTERNATING RELATIONSHIPS was completely LEGAL and the best way to avoid DUAL AGENCY! WOW

Is there anyone who actually believes or practices this type of Agency in any state?

How can this be a recognized AGENCY RELATIONSHIP when it isn't mentioned anywhere in the STATE rules or on the AGENCY DISCLOSURE?

How can anyone reduce a CLIENT back to customer status once you have gained information that would give the other party/CLIENT the advantage in the transaction?

Am I wrong in thinking that even if you reduce the Client to a Customer, you still have the duty of CONFIDENTIALITY and therefore cannot share any information that isn't material with the other CLIENT? Hence limiting your ability to fully represent that party? In my WORLD, this is DUAL AGENCY!!!!

I look forward to your comments...

Thank You for reading my BLOG





Comments (18)

Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Geez! ! ! !

Where did this turkey come from?? 

He's clearly practicing dual agency without disclosure (or by any other name), which is clearly FRAUD.


May 03, 2007 08:54 AM
Raymond Goldschmidt
Century21 Access America - East Greenwich, RI
I don't have a whole lot of experience in this area, but I have to agree with you this seems a slippery slope. Just think of the potential consequences if you miss documenting just one property. I seem to remember an article on dual agency that stated that it is illegal in certain states. What you describe seems to be a way of getting very close to dual agency and I for one would be pretty uncomfortable....
May 03, 2007 08:55 AM
Vickie Wyman
All Access Real Estate Associates NH/VT - Haverhill, NH

Lenn and Raymond,

Thank you both for your comments.

This "Turkey" is a practicing Broker, and Educator in NH!!! He has been in the business for 20+ years and really believes what he is teaching!!


May 03, 2007 09:01 AM
Roger Stensland
Keller Williams Realty Puget Sound - Maple Valley, WA
Let's Move!
Never heard of split agency and, like you,  I  don't think that there is any such animal.  I can't see where it  would be legal.  There is no way you can magically represent both the buyer and seller in the manner in which the instructor was saying.  Way to go.
May 03, 2007 09:01 AM
Vickie Wyman
All Access Real Estate Associates NH/VT - Haverhill, NH


Thank You.

The saddest part is that I took my 40 hour pre-licensing course with this Instructor and worked as an Agent in his office for almost 3 years!

You can only imagine how often he and I but heads...LOL

May 03, 2007 09:10 AM
Laura Karambelas
Baird & Warner Downers Grove - Downers Grove, IL
Realtor - Downers Grove
I have never heard of split agency either. I've never heard of writing on a piece of paper who you will be representing without full disclosure in writing by both parties.  Glad he's not educating in my state.
May 03, 2007 09:12 AM
Vickie Wyman
All Access Real Estate Associates NH/VT - Haverhill, NH

Hi Laura:

LOL, how lucky you are!!

May 03, 2007 09:16 AM
Joan Snodgrass
Midamerica Referral Network - Kimberling City, MO
Good for you, Laura.  You told him like it is, but didn't your broker know what was being covered in this class?
May 03, 2007 09:24 AM
Christy Powers
Keller Williams Coastal Area Partners - Pooler, GA
Pooler, Savannah Real Estate Agent
I have never heard of this and not sure I am understanding it either. I think I need to go over it one more time but it sounds bad for everyone.
May 03, 2007 09:25 AM
Vickie Wyman
All Access Real Estate Associates NH/VT - Haverhill, NH


My BROKER was the INSTRUCTOR!!!!!!

May 03, 2007 10:21 AM
Vickie Wyman
All Access Real Estate Associates NH/VT - Haverhill, NH


Imagine the Agents in training, and how confusing it is to them

May 03, 2007 10:23 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Vickie, never heard of that one before. BUT in Florida we have what we call Transitioning to a transaction brokerage relationship. Let me see if I can explain this. First in Fl we are presumed to be TB(transaction Brokers). A TB is a limited form of representation(no fiduciary) it is not an agency relationship. We can be a TB for either the seller or buyer or both. OR we can choose to work as a single agent for either seller or buyer, not both. We can also be a non-Rep where we don't represent any one at all. OK clear so far?

Dual agency is illegal in Fl. I can take a listing for a seller as a SA(single agent) or a TB. If I take a listing as a SA and then I (or any agent in my office) brings a buyer. We would have to work with them in a non-rep capacity, since we are already SA for the seller. OR the seller can sign a form giving us permission to Transition to a TB. We can then work the deal as TB for both parties. Getting muddier?

Most brokerages including myself choose to work exclusively as TBs to avoid all this confusion. Clear as mud now?

Try explaining this to the consumer. :)

May 03, 2007 10:38 AM
Vickie Wyman
All Access Real Estate Associates NH/VT - Haverhill, NH


We don't have TB here in NH, However we can act as NON-AGENTS which is pretty much the same thing.

Thank you for the comment

May 03, 2007 12:07 PM
Joey Sweatt
Hey Vickie...love split agency, we practice it all of the time, NOT!  Like I told you before, it is a shame that HE is still allowed by the state of NH to be an instructor for new agents...those poor saps!  I recommend to everyone now that they not take any classes from him.  He's a joke!  Love IT.
May 04, 2007 04:27 AM
Vickie Wyman
All Access Real Estate Associates NH/VT - Haverhill, NH

Hey Joey,

I couldn't agree more...LOL

When are you going to give blogging a try?


May 04, 2007 09:07 AM
Monika McGillicuddy
Berkshire Hathaway HomeServices Verani Realty - Hampstead, NH
Southern NH & the Seacoast Area
Wow...Vickie that sounds very weird!  I bet your glad you don't work for him anymore. Some people!!!!
May 09, 2007 02:20 PM
Vickie Wyman
All Access Real Estate Associates NH/VT - Haverhill, NH


I am so happy that I don't work under hime anymore! I really feel for the new agents that believe this stuff!

May 10, 2007 10:22 AM
Monika McGillicuddy
Berkshire Hathaway HomeServices Verani Realty - Hampstead, NH
Southern NH & the Seacoast Area
I can't believe he gets away with teaching that way!!! Has Joey posted yet???
May 12, 2007 01:59 AM