Spam prevention
Rainmaker
596,899
Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
Summit Real Estate Santa Clarita & OC Laguna Nigel

California invented dual agency.  The concept is tough for many to comprehend since we represent both parties to the transaction but must negotiote the best deal only for out client.  In the dual ageny situation we have information that can't be disclosed even though our Agency Agreement mandates that we disclose all material facts to our client.  It takes a well trained agent to walk this line honestly, fairly, ethically and legally.  I feel that I am well suited to bring both sides together in the correct manner.  Now there is another side of the coin as well.  We have the listing and bring in an offer.  Then we get offers from other agents.  Handle this one in the best interest of all parties.

Aug 18, 2015 01:44 PM
Ambassador
2,216,058
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

You can't work as a dual agent in Colorado. 

Aug 18, 2015 09:10 AM
Rainmaker
692,098
Sara Wagner
The Woodland Companies - Adams, WI
Stevens Point Rentals

legal here, must be very honest and neutral.

Nov 15, 2018 12:12 AM
Rainer
150,569
Ed Macias
Real Estate Teammates - Miami, FL
Miami FL-REO Property Management Multifamily

Transactional Broker

Aug 18, 2015 11:40 AM
Rainmaker
551,272
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

It's legal and done all the time in California and Hawaii where I have my brokers licenses. Although the law differs. Clients on both sides often want it. With the right disclosures it's no problem for me.

Aug 18, 2015 10:32 AM
Rainmaker
699,027
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

We do it all the time here and we're still transaction brokers.  Being fair is part of being a great agent.

Aug 18, 2015 10:20 AM
Ambassador
928,185
John Meussner
Mason-McDuffie Mortgage, Conventional Loans, Jumbo Loans, FHA, 203(k), USDA, VA, - Walnut Creek, CA
#MortgageMadeEasy Walnut Creek, CA 484-680-4852

Dual agency is allowed here but I have no idea why someone would want it.  If it's a bank owned property I could see, but I don't understand it when a buyer and seller both have opposite goals.  I've seen some agents pull it off and do it well, though

Aug 18, 2015 10:06 AM
Ambassador
4,840,676
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

 Sometimes it is the best solution, gets deals done rather than dealing with over egoed agents.

I dont do it often though since I prefer to just focus on listings and let others deal with buyers.

Mar 27, 2018 09:00 PM
Rainer
2,310
Christine Huffman
RE/MAX - Spring, TX
Your Rock Solid Choice in RealEstate

legal in  Texas

Aug 19, 2015 01:49 PM
Rainmaker
781,352
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

It is legal in CT, but with very strict disclosures and documents to that effect signed by both parties as acknowledgement and agreement. It can be tricky, but can be done, with objectivity.  We also have mandatory legal representation for both sides, so that makes it a bit easier for the agents once the initial negotiations are over; the lawyers negotiate the contract details.

Aug 19, 2015 10:22 AM
Ambassador
1,706,758
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

We are a transactional state with core duties so we work for the transaction with fairness to all aprties. No system is perfect but with dual agency it is too easy to step over the line and dual agency is based on common law not statute law.

Aug 19, 2015 08:58 AM
Rainmaker
1,561,863
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Ah, here we go again . . . the "dual agent" 

We have the legal real estate agency relationship defined as "Disclosed Limited Agent" in Oregon.  [emphasis added].  The duties are LIMITED for a reason in this scenarior.  What does "fair" have to do with it??  Agents who practice this methods are only shirking their responsibilities to BOTH buyer and seller.  It's a conflict of interest and therefore, the fiduciary duties are LIMITED.  Why any buyer and/or seller would want a LIMITED agent is beyond me!

Aug 19, 2015 06:54 AM
Rainmaker
3,570,469
Richard Weeks
Dallas, TX
REALTOR®, Broker

No we use a process called Intermediary which is governed by statutory not common law.

Aug 19, 2015 05:56 AM
Rainmaker
1,417,877
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Daniel W. Hayes Dual Agency is legal in my State. You deal with it with full disclosure and agreement by all parties. Should there be a problem, the broker can hand off the buyer to another designated agent in the office.

Aug 19, 2015 12:52 AM
Rainmaker
585,620
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

Because "dual agency" sounds too much like a "double agent", Florida changed the name to "transaction broker"...of course with no fiduciary duties. They are not called an "agent" because there is no agent, so hence the word "broker".

It is pretty much the same thing with a new name...easier to dupe the consumer with.

BTW ...there is no such thing as "fair"...that has been removed from the code of ethics.

Eve

Aug 19, 2015 12:03 AM
Rainmaker
3,729,948
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

When properly disclosed in writing, dual agency is legal in California.  This also includes two different agents working with the same brokerage on the same transaction.  

Aug 18, 2015 11:58 PM
Rainmaker
1,157,329
FN LN
Toronto, ON

Dual agency is legal in Ontario.  Dual agency actually occurs at the brokerage level since the buyer and seller contracts (i.e. listing agreements and customer / client buyer agreements) are held at the brokerage level.  Dual agency must be disclosed and agreed by the buyer and seller.  It is part of the standard forms.

Aug 18, 2015 11:07 PM
Rainmaker
798,287
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

It's legal in VA, but it's discouraged. Agents need to be careful about what they say and when they say it. And buyer still has right to bring in another agent.

Aug 18, 2015 09:31 PM
Rainmaker
827,572
Troy Erickson AZ Realtor (602) 295-6807
Good Company Real Estate www.ChandlerRealEstate.weebly.com - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Daniel - Dual agency is allowed here in Arizona, but there are many brokerages who frown upon it and don't want to take that chance that something may happen during the transaction.

However, there are agents that don't have an issue with dual agency (and would do it all the time if they could), and as long as their brokerage allows it, they are good to go.

Aug 18, 2015 03:08 PM
Rainmaker
2,432,799
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

If it is illegal in a state, you don't deal with it at all.

Aug 18, 2015 12:19 PM
Ambassador
2,973,231
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Daniel- I'm in GA and it is legal here.  However, in my office the only time it's "technically dual" agency is when an agent in my office sells one of my listings.  And said agent never speaks to my seller and I only have no negotiations chit chat with their buyers. But as a matter of law since I am the broker I technically also represent the buyer.  That's fully disclosed as is the nature of who will be working with which client and all must agree.  If we have clients who don't like this arrangment we will either assign the seller a different agent in my office and/or refer the buyer outside of our firm. We do not have single agent dual in my company. When an agent sells their own listing we treat the buyer as a client if they do not want their own representation and want to work only with the listing agent.

Aug 18, 2015 11:00 AM
Rainmaker
2,706,901
Lisa Von Domek
Lisa Von Domek Team - Dallas, TX
....Experience Isn't Expensive.... It's Priceless!

It is legal in Texas and it is called Intermediary here.  I deal with being "fair" to both sides by not engaging in Intermediary - I only represent my client.  

Aug 18, 2015 10:08 AM
Rainmaker
2,569,903
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

In California, you can go for it. How to handle? I speak clearly, repetitively and in writing distinctly and require mandatory questions, meetings and involvement. We either all make this happen or we don't

Aug 18, 2015 09:09 AM
Rainmaker
384,602
Jill Murty, Realtor - Orange County, CA
Sunset Properties, Powered by Movoto - Laguna Niguel, CA

Dual agency is legal in my state.  

I rarely do it because most people ask for some kind of perk (besides having me as their agent) or they expect me to throw the seller under the bus.  Not going to happen.

People who want dual representation with me know they're going to get great service and representation.  They know that my ethics and integrity are the foundation of what I do and it all works out.

I know that sounds like a bunch of realtor hot air, but it's true.

Aug 18, 2015 09:01 AM
Rainmaker
352,939
Cindy Davis
SD Home Source Realty - San Diego, CA

Dual agency is legal in my state of California. I've only done it once or twice and tend to shy away from it because of all the implicit complications. When I did do it, I bought together buyer and seller to discuss anything that needed to be determined. That way we were all in the room together.

Aug 18, 2015 09:00 AM
Rainer
66,214
Evelyn M Epperson
Coldwell Banker Residential Brokerage - Johns Creek, GA
A Tradition Of [Excellence, Trust & Service]

Ga. allows dual agency but many brokerages do not allow dual agency.

Aug 18, 2015 08:49 AM