Enter Your Zip Code to Connect with a Lawyer Serving Your Area
I'm planning to sell my home, with the help of a real estate agent. I keep hearing that I should avoid "dual agency." What’s
dual agency and why should I avoid it?
As a homeseller, you want your real estate agent to represent your
interests and help you achieve your goal: to sell your home quickly, for as
much money as you can get. On the other side of the table is the buyer, who’s
hoping for the
to get the property for as little as possible.
As you can imagine, it would be difficult for one agent to
represent the interests of both the
buyer and the seller, in what’s called a dual agency. Some agents
prefer dual agency, because it means they don’t have to split the commission
with another agent. But you want to avoid it. If you’re going to pay a full
commission, you want someone who fully represents your interests. If an agent
asks you to consent to a dual agency, flatly deny the request.
Somewhat less onerous
than the dual agency is a designated agency. In this situation, the buyer is
represented by another agent in the same brokerage as your agent. Technically,
this is a form of dual agency, because each agent works for the same broker.
Unlike a dual agency, you get personal representation from a designated agent.
But you must fully trust your agent to represent your interests and not divulge
your bottom line to the buyer’s agent.
If you’re willing to participate in a
designated agency, you might request a reduction in the commission, based on
the fact that the brokerage will make twice as much as it otherwise would have
on the deal.
See the Nolo article Negotiate
the Agent’s Commission When Selling Your House for more on the subject.
Buying a House
Selling a House
Taxes, Home Improvement, & Defects
Real Estate Books
Guide to Buying Your First Home
Selling Your House in a Tough Market
For legal advice, you'll need to talk to a lawyer.
Talk to a Real Estate Lawyer
Copyright © 2014 Nolo ® | Security & Privacy | Terms and Conditions | Disclaimer — Legal information is not legal advice