Undisclosed Dual Agent.
kinthenorthwest
2 years ago
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kinthenorthwest
2 years agoRelated Discussions
Buying/selling agent the same
Comments (35)Saphire, you are about 10 years behind on your real estate laws. Each and every buyer now has a choice. The days of agents automatically working for the sellers are long gone. Actually, I don't even offer a commission to "sub agents" which is what you are referring to on my listings. YOU MUST Be a buyers agent for me to split my commission with you. (takes liability off my sellers for agent mistakes) If I am working with a buyer as a buyers agent and my buyer wants to buy one of my listings where I am the sellers agent, I must get a signature from both my seller and my buyer that they agree that I will become a dual agent. If one of them prefers to have their own agent, then someone from my office or another office if they choose can represent them. (I have never had this happen) The days of every agent being a sellers agent are gone a long long time ago. Sparkels, I think what that agent did was totally unethical. In essence he/she prevented other agents from showing the property and bringing in offers on the listing that might have been better for his seller so that he/she could secure himself the sale. He/she could loose his/her license for that. I know it happens where the listing agent tells their buyer what the other offers are so they come in higher because I have been on the other end where my buyer has lost the bid because of a "better offer" only to find out it was the listing agents own buyer. I think its only natural for a listing agent to want to sell their own listing. Personally, this is the highlight of a sale for me. In the time that it has happened, I NEVER have told my buyer what the other offer is. I just tell them to come in with their highest and best same as I tell the other agent to tell her buyers. (its a dual agency situation, I cannot give my buyers a number, the other buyer might go higher and that would be unfair to my seller). Even though I would love to get both sides of the transaction, I also have to sleep at night and that doesnt seem fair to me. Also, these same buyers will someday sell a house, do I want them to think I was unethical so they never call me? I do recall last year where I had this exact situation. My buyer actually came in lower than the other agents offer on my listing. When both offers were presented to the seller, they wound up choosing my offer even tho it was $7000 lower. Their reason was, they liked the people, they had a new baby and wanted to help out a young couple. Also the closing date was better for them and a few other things. Susana, Im sorry you lost the house. I always think things happen for a reason and there is a better house out there for you. Your agent did a good job for you, she was dealing with an unethical agent. I'm willing to bet that deal doesnt close and they wind up calling you back. You just may wind up getting that house for a lower price then your original bid. :)...See MoreBuyer's agent question
Comments (8)"While I understand the concept, I don't get why anyone I would hire to help me buy a house wouldn't be looking out for me, the buyer, anyway?" Fiduciary Duties Of A Real Estate Agent: A real estate broker who becomes an agent of a buyer or seller is deemed to be a fiduciary. Other examples of fiduciaries are trustees, executors, and guardians. As a fiduciary, a real estate broker is held by law to owe specific duties to his/her principal (the person who they are representing), in addition to duties or obligations set forth in a listing agreement, buyer representation agreement, or other contract of employment. These specific fiduciary duties include: Loyalty Obedience Disclosure Confidentiality Reasonable Care and Diligence Accounting Loyalty One of the most fundamental fiduciary duties an agent owes to the principal. The duty obligates a real estate broker to act at all times, solely in the best interests of the principal, excluding all other interests, including that of the broker. Buyers Agent: Must do everything possible to gain an advantage for the Buyer. Obedience An agent is obligated to promptly and efficiently obey all lawful instructions of his/her principal that conform to the purpose of the agency relationship. However, the duty does not include an obligation to obey unlawful instructions, such as instructions to not market a property to minorities or to misrepresent the condition of a property. BuyerÂs Agent: Must obey all lawful instruction of the Buyer, is not obligated to obey instructions from the Seller. Disclosure An agent must disclose to the principal all known relevant and material information that pertains to the scope of the agency. The duty includes any facts affecting the value or desirability of the property, as well as any other relevant information pertaining to the transaction, such as the other party's bargaining position, the identity of all potential purchasers, information concerning the ability or willingness of the buyer to offer a higher price, any intent to subdivide or resell the property for a profit. BuyerÂs Agent: Must tell Buyer everything they can find out about the Seller including the motivation for selling and any reasons the Seller may have for wanting a quick sale. Must tell Buyer everything they can find out about the property, including any known or suspected problems with the property or area. Confidentiality An agent is obligated to safeguard his/her principal's lawful confidences and secrets. Therefore, a real estate broker must keep confidential any information that may weaken a principal's bargaining position. The duty of confidentiality precludes a broker who represents a seller from disclosing to a buyer that the seller can, or must, sell a property below the listed price. Conversely, a broker who represents a buyer is prohibited from disclosing to a seller that the buyer can, or will, pay more than what has been offered for a property. BuyerÂs Agent: Must keep all information about the Buyer confidential, including the Buyer's ability or willingness to pay more for the property than they are offering as well as the Buyers motivation for buying. Reasonable care and diligence An agent is obligated to use reasonable care and diligence when pursuing the principal's affairs. The standard of care expected of a buyer's or seller's real estate broker is that of a competent real estate professional. By reason of his/her license, a broker is considered to have skill and expertise in real estate matters superior to that of the average person. BuyerÂs Agent: Must prepare themselves through education and study to competently represent the Buyer in all matters. Accounting An agent is obligated to account for all money or property that belongs to his/her principal entrusted to that agent. The duty compels a real estate broker to safeguard any money, deeds, or other documents entrusted to them relative to their client's transactions of affairs. BuyerÂs Agent: Must account to Buyer for any money or documents entrusted to them....See MoreBattle of the agents
Comments (36)I usually try to blow off the snarky remarks, but this one left me a little flabbergasted, and I feel the need to respond. You spend hours-days-weeks endlessly scrutinizing agents Our agent selection process has taken exactly 2 weeks, and only took that long because I'm only in town on weekends to meet with them. That hardly seems unduly long for a $30,000 purchase from someone I've got to work well with. I take that long to hire employees. I have contemplated hiring an agent during the period we've had it listed FSBO, knowing that FSBO was a risk; perhaps that's why you're thinking it has been an endless process. while making it clear you don't think any of them can do what you cannot: sell the house. Based on my past choices of agents, they haven't done a good job; hence my jadedness. The fact that we're now hiring an agent indicates that we do think someone can do a better job than we can. I was thorough in my interview questions and actually learned a lot about what a good agent can do. I've got a lot better handle on how to pick a good one and what my expectations of them should be. I was actually pleasantly surprised by some of the interviews, and left them thinking "wow, they could sell our house!" It has definitely changed my view (not of all of them; there are plenty of doofuses out there, but there are some solid ones too). This follows hours-days-weeks of scrutinizing your landscaping and external appearance which is, I agree with others, that of a big box plopped onto a field. And instead of asking others' opinions and figuring out what the best thing to do was, I should have done what, exactly? Or is it the fact it didn't happen in two days? I recall you spent hours-days-weeks agonizing over a very lengthy, very detailed and effusive homemade listing of the house when you originally decided to sell FSBO. Again, are you saying I shouldn't spend time getting the right photos and good descriptions for our website? Or that the result was poor? Several of the realtors we interviewed said it was the best website they've ever seen from a FSBO. And all of them wanted to use our photos (at least of the inside; we acknowledge we need something better for the outside). And today, what is the result of all that? The house is still for sale. When you say you've done so much analysis and you know the house is priced right--obviously it isn't or someone would have bought it! Actually I disagree with your conclusion. It hasn't sold because we haven't had much traffic through it. And that's because we're not in the MLS. Not all buyers looking for something like our house know about us. It seems that your perception isn't matching the reality of your situation. As pointed out, you are getting a ton of disinterested and neutral feedback, most of which you seem to dismiss. Do you mean from the showings we've had? I haven't done anything about the things I can't change (house was too big for one, one didn't like the steepness of the slope down to the lake, one needed a first floor accessible suite), but when I got feedback from a realtor about the curb appeal, I posted the feedback here, sought input, and we re-did the front landscaping. How is that dismissive? Because we're not redoing the facade or planting $1000 trees? Or does it feel that way because I'm not saying "I know, I hate the front as much as you do?" I'm particularly impressed by the feedback from actual *realtors* who are taking time to try to tell you their professional judgment, although again you don't seem to be able to accept what they are saying to you as helpful and useful advice. I listened carefully to all the realtors that came through, and asked them for specifics on what they'd change. As a result, in the past 2 weeks we sealed the circle drive, painted the shutters and re-seeded a large patch of barren ground. Where are you getting that I'm not accepting what they're saying? Are you talking about pricing? 8 of 10 said we were fine, and several commented that they usually have to dash sellers' high expectations in that regard. So, perhaps now it's time to work on one of those 'life lessons' which usually turn out to mean doing something different and not too comfortable: hire the realtor, then LET THE REALTOR DO THE JOB. Frankly, I wouldn't want to be your realtor but that's neither here nor there. Uh, ok, that's what we're doing, no? I'm not willing to just randomly hire a realtor without careful investigation, and I do not apologize for that. Nor do I apologize for making one of my criteria an expectation of a high level of service from them. You may choose to do otherwise if you like, but I won't....See MoreAfter contacting a listing agent directly...
Comments (15)There's more to buyer rep &to procuring cause than just showing a property. If buyer wants another agent, & listing agent refuses to present buyer's offer, sellers can complain to the Commission, as seller's agent is not putting seller's interests above of her own, & buyers can complain because listing agent is not treating them fairly. If property is listed in MLS & seller's agent presents offer but stipulates that buyer's agent is not to be paid, then seller's agent is in violation of MLS rules that state that offers of commission are unconditional. been through something sort of like this, in a backward way, myself. A couple contacted me, said they'd been shown my listing but the agent didn't want them to buy it; he wanted them to buy one of the properties he owned. It turned out that the husband, who was self-employed, had expressed concern that he might have trouble getting a loan because he wrote off so much expense; the agent owned many properties & liked to finance them himself. The couple wrote a letter saying that they wanted me to write their contract because the agent who had first shown them the house had become obstructive, had not wanted to write the contract, had not given them information they had requested regarding financing, & they flatly stated that they wouldn't have bought the house had they been forced to use him. Buyer is free to pick any representative (s)he wants....See Morekinthenorthwest
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