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"An
exclusive
buyer agent or buyer representative is a licensed real estate
professional who
only
represents the buyer in a single transaction and
never
represents both seller and buyer at the same time. He
never
chooses to perform dual agency. In short, he is an advocate for
his client.
All licensed real estate agents have the
right to assist sellers as well as buyers when it comes to their
real estate needs. When representing one side in a transaction,
either the seller or the buyer, they are practicing
single
agency. At
times they may believe that a buyer client might be interested
in a property they also have listed. Their choice to attempt
to "represent" both seller and buyer in the same transaction is
officially called
dual agency.
Within the profession it is sometimes referred to as
double
dipping
as the agent now has the possibility of collecting a fee from
both clients in the event of a sale.
It is quite common in small markets, like
mine, for agents or agencies to practice dual agency because the
probability for dual agency increases as the number of local
agents decreases. Random checks from time to time of our local
mls reveal that either dual agency or designated agency (when
one agency represents both seller and buyer clients in a
transaction and individual agents within the firm are designated
to represent each side) occur in close to 50% of all local real
estate transactions in which an agent is used. Dual agency,
therefore, is a fairly common practice in my market.
Such an arrangement is permitted by law as
long as the agent obtains the written consent of both parties.
The law in Virginia doesn't require that consent be preceded by
informing both clients of the consequences of changing their
relationship with their agent so that his role is now one of a
facilitator whose services are severely limited by law and must
be devoid of any advice. In short, he can no longer be an
advocate for either client. He cannot reveal certain things to
either side that he would probably have been required to reveal
had he remained an agent of one or the other. He might also
already be aware of certain confidential information that must
not made known to either "client".
Dual agency is always a conflict of
interest for an agent despite consent from both clients.
It's very simple. One cannot serve the
conflicting interests of sellers and buyers at the same
time.
An exclusive buyer agent or buyer representative is a licensed real estate professional who only represents the buyer in a single transaction and never represents both seller and buyer at the same time. He never chooses to perform dual agency. In short, he is an advocate for his client.
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