You might wonder, "Isn't that the job—to show their listings? It only compounds the problem when there are two offers on a home.
Which will be accepted? Will it be your offer or the other offer from another agent? Listing agents tend to orchestrate offer acceptance with their sellers. Your chances of offer acceptance can suffer if the listing agent is peeved at you and at your agent for "stealing you" because the listing agent showed you the home, and your buyer's agent ultimately submitted your offer.
It takes a smooth-talking, fast-thinking buyer's agent to iron this tiff out and gain that agent's cooperation at this point. In most states, you have a right to choose and consent to the type of representation you want. You can work with:. You might be obligated to purchase the home through an agent if you sign an exclusive agreement to work with them under dual agency capacity.
The first thing a listing agent should ask you when you call to see a listed property is whether you're working with another agent. You can respond in a number of ways:. Agents ask this question to establish an agency relationship, so any other answer is likely to get you into hot water.
The listing agent should back off if you say that you have an agent. There is one positive aspect to looking at a home with the listing agent. The agent might tell you more about the property than they would disclose to another agent, either intentionally or by accident. They might even slip up and tell you whether the seller will accept less, although that's against the law in most states, because it's a violation of fiduciary duty.
Your best bet might be to be upfront and let the agent know whether you intend to work with them if you like the property. Don't make the mistake of leading the agent on, even unintentionally, because it can come back to bite you. Sometimes listing agents work with partners or teams. In that case, each agent is a co-listing agent that shares responsibility for the home.
This is common when family members work together, such as siblings or a parent-child duo. Listing and selling agents usually represent opposite sides of the transaction.
The listing agent focuses on selling the home unless they're a dual agent , and the selling agent represents they buyer. Listing agents are also called "seller's agents" because they represent the seller. Selling agents are also called "buyer's agents" because they represent the buyer. Accessed March 31, This is bang on Mel — great article and important. Well done! Jaime da Silva says: March 22, at pm. Andrea Sammut says: March 24, at am.
Rob says: March 24, at am. Susan says: May 31, at am. Thank you for sharing your knowledge. I find it very helpful. Pingback: Why is it when we are in a sellers market buyers don't want a buyers' agent? Adarsh Arora says: June 1, at am. Suzi says: September 10, at am. Melanie Piche says: October 8, at pm. Robert Ede says: September 17, at am.
But what if YOU just happen to have the listing, on a house I really like? In BC, is it legal for an agent to work for both the Buyer and the Seller. Brendan Powell says: December 19, at am. Like What You're Reading? Communication can be more efficient through one agent. Even when the listing agent has the same fiduciary responsibility to both sides, having a dual agent can lead to distrust. Since a seller's agent is trying to get the best price and terms for the seller, if that agent it working for both parties, they could disclose anything the buyer tells them to the seller, says Cheryl Eidinger Taylor, chief operating officer at ERA Key Realty Services in Whitinsville, Mass.
That could include information about the motivation for buying or what they're really willing to pay, says Taylor, who recommends that a buyer get their own agent. A dual agent, she says, will ultimately be working for a seller and while they'll provide material facts about the property, they won't disclose the seller's motivation.
The listing agent is focused on the seller's property and it isn't their job to find the buyer the best property that fit his or her needs, she says.
A seller's agent may seem anxious to help a buyer as a customer, especially since they're collecting both sides of a commission, says Bruce Taylor, president of ERA Key Realty Services. The seller's agent is only interested in selling one home - his listing. Another downside for buyers is that they have only one broker office to turn to if a lawsuit needs to be filed, Phillips says.
When each side has their own agent, each would have their own insurance policies and two pockets to pay out of if a payout is required, he says. For Phillips, the pros outweigh the cons for buyers, who have more negotiating power at the table with a dual agent.
An agent representing both sides, he says, tries "harder to be very transparent and create two clients for life.
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