Whether you are buying or selling a home it is really important that it is explained to you the different forms of Agency Relationships and what they mean to you.
Years ago, in the dark ages when I became an agent in 1986, all Agents worked for the Seller. We were paid by the Seller and our job was to get the Seller the highest price…even if we were working with a Buyer. Our “Fiduciary Duty” was to the Seller. Of course, in practice, this wasn’t always the case and it was a real gray area in client representation. In the mid 1990’s BUYER AGENCY came into effect. At that point, by law, we had Buyers sign Exclusive Right to Represent Contracts just like we have Listing Agreements signed by our Sellers. It was a confusing time because what if you were showing your Buyer one of your own listings? Who did you represent? Remember that ALL contracts are owned by the Company NOT by the Agent. We evolved and now along with Seller Representation and Buyer Representation we have Dual Agency and Designated Agency to define these situations.
Your Agent and their Company represent ONE Client IF;
Your Agent show you a property NOT listed by any branch of their Company.
Your property is shown by an agent from another Company.
Your Agent’s Company represents BOTH Clients (DUAL AGENCY) If;
You are shown any listing listed with an agent of any branch of the same company.
Your home is shown by any agent of any branch of your agent’s company
Your Agent represents BOTH clients (DUAL AGENCY) if;
You are shown a home listed by your Agent.
If your Agent shows your home to their own Buyer Client.
Your Agent ADVOCATES for ONE Client (DESIGNATED AGENCY) if:
Your Agent shows you a home listed by an Agent in any branch of their Company
Your home is shown by an Agent from any branch of your Agents Company.
IN EITHER OF THESE CASES THE COMPANY IS IN A DUAL AGENCY POSITION.
A Dual Agent becomes a Transactional Facilitator, giving options but not advice. A Designated Agent advocates only for their client and can give advice. A Designated Agent works exactly as a Sellers or Buyers Agent would work except that in these cases their Company has to be neutral in any dispute. With a Dual Agency situation where advice or a dispute arises it is advised to include the client’s attorneys in the resolution. In all cases, your agent in whatever Agency Relationship they have must work fairly and honestly with all parties. I tell me clients not to fear Dual Agency, as the other agent is the one I communicate with best (that being me).
Also be aware that an agent doing an Open House works ONLY for the Seller (unless you are already their client) and must inform you of that when you attend the event. Whatever the situation or Agent involved, you should always be informed as to what your representation is and how it affects what information you can share and how you will work with that agent.