It’ll Be All Right

I was interviewing for a listing the other day, and as we chatted, I mentioned that I don’t do dual agency as a Realtor – I won’t represent both buyer and seller on the same transaction.  The home owner was surprised – out of the 4-5 agents he had interviewed, I was the only one who said I didn’t do that.  The other agents got to that part and somehow said dual agency would be okay, that “it would all be all right.”

Yeah.  It’s not all right in my book.

I don’t double-end deals – I won’t represent both the buyer AND seller on the same transaction.  The law allows me to do so, but – in my humble opinion – there’s no way to do so and provide what I believe is appropriate representation to both parties. 

When I represent only one party, they get all my fiduciary duties: confidentiality, accountability, reasonable skill and care, loyalty, obedience, and disclosure.  It’s the same duties that a lawyer has to his client – it creates an agency relationship.

When you represent both sides in the same transaction, things get murky.  I know confidential information about both people, but I can’t let the other parties know what I know.  In fact, the agency disclosure explicitly states:

There will be conflicts in the duties of loyalty, obedience, disclosure, and confidentiality. 

So why would a buyer or seller ever agree to less than full representation where conflicts of those agent’s duties are expected?

Equal Housing Opportunity Realtor