You can’t have partial loyalty. An agent either works for you or works for someone else.” –CONSUMER REPORTS Feb ’94
According to the National Association of Realtors, As a customer, a buyer is not represented by an agent the agent cannot negotiate on the buyer’s behalf nor reveal to the buyer any confidences of the client, the client is the seller. Without the benefits of using a Buyer Representative, you become just a customer to the seller and their agent.
The seller’s agent is legally obligated to get the most money for the seller. Can the Seller’s Agent who is contracted to work in the best interest of one party also work in the best interest of the Buyer? They can not. A seller’s agent, by law, must work in the best interest of their client, including giving information about the buyers to the sellers. Buyers Agents work in your best interest. The goal is to get you the best price and the most savings possible.
This is not Real Estate for Dummies. But, it probably should be. The basic definition of dual agency is The same real estate agent is representing both buyer and seller in the same transaction. Dual agency is the single worst issue involved in real estate. The average Joe out of the street easily understands that dual agency is WRONG. This seems like common sense to the regular guy. So, why can’t the politicians and many real estate agents & brokers understand this simple terrible concept? The main reason why dual agency exists is because of the glorious MOOLAH. Real estate brokers and agents have a huge financial incentive to be involved in a dual agency transaction at the detriment of their buyer or seller. Dual agency has no benefits to protect the consumer (buyer or seller). One of the simplest and best examples that I’ve ever read about the problems of dual agency actually came from a traditional real estate agent (Matt Difanis) in Illinois and not an Exclusive Buyer Agent. A few years back, Matt had a sent this letter to the Realtor Magazine.
Here is another real simple definition; agency is when a real estate broker discloses who & how they are going to represent a buyer or seller. Home buyers need to STOP spending all their time on the Internet looking at pretty pictures of potential homes and START spending more time fully understanding all types of agency (dual, single, transactional, limited or designated). Understanding agency is definitely not the most exciting part of the home buying process. As a matter of fact, it is down right boring. But, PLEASE, PLEASE, PLEASE; before you start down the path of buying a home make sure you spend time fully researching everything. As with many major financial decisions (car, home, vacation, etc.) most of us end up rationalizing decisions based on emotion, don’t make a decision based on emotion!!
Non-disclosed dual agency is ILLEGAL in all 50 states. But, only a few states have made (disclosed) dual agency illegal. Dual agency should be outlawed and made illegal in all 50 states. If you are a buyer or seller involved in a dual agency transaction and you don’t completely understand dual agency than you should immediately contact or RUN to your nearest real estate attorney.
A TRUE AGENT is one who provides 100% loyalty to his/her clients 100% of the time. No dual agency; no “designated agency”, no “transaction brokerage;” no “Chinese walls;” no weasel clauses! – International Real Estate Directory
Buyers Agent: Representing People, Dual Agency: Commission