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The Dual Agency Dilemma
Understand the nature of your agency representation
Dual agency occurs when a real estate agent is representing both buyer and seller in the same transaction. Since the agent has promised a duty of confidentiality, loyalty and full disclosure to both parties simultaneously, it is necessary to limit these duties in this situation, if both parties consent.
If you find yourself involved in a dual agency relationship, make sure that you completely understand how your interests are affected.
This relationship involves the following limitations:
- The Agent will deal with the Buyer and the Seller impartially
- The Agent will have a duty of disclosure to both the parties
- The Agent will not disclose that the Buyer is willing to pay a price or agree to terms other than those contained in the Offer, or that the Seller is willing to accept a price or terms other than those contained in the Listing
- The Agent will not disclose the motivation of the Buyer or the Seller to sell unless authorized by the Buyer or the Seller
- The Agent will not disclose personal information about either the Buyer or the Seller unless authorized in writing
- The Agent will disclose to the Buyer the known defects about the physical condition of the property known to the Agent
Before receiving an offer both you and the other party to the transaction will be asked to consent in writing to this new dual agency relationship.
If you find yourself involved in a dual agency situation, make sure that you completely understand the nature of dual agency and its possible outcomes. It would be wise to contact a skilled Real Estate Lawyer for a complete explanation of dual agency representation.
January 25, 2008 in Agency Matters | Permalink
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Comments
Great Post. Thanks for Sharing.
www.Realtysavvy.ca
Posted by: Marilyn Monroe Condos | Aug 15, 2012 10:50:45 AM
Dual agency accounts for more lawsuits than any other agency representation. Really, no one benefits from it.
Posted by: Prince William Homes | Mar 1, 2009 8:34:26 PM
Dual agency defined:
Dual agency is the situation in which a real estate agent represents more than one party to a sale transaction. It is legal in Ontario with full disclosure, though many people do not consider it a good business practice because each party should have representation for his or her position and interests.
Posted by: Fraser | Jan 26, 2008 8:58:43 AM
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Posted by: iSupplier Network | Jan 25, 2008 4:28:59 PM
Interesting post.
Posted by: Buy Property in Bulgaria | Jan 25, 2008 10:09:55 AM
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