{"id":1045,"date":"2007-02-14T18:45:58","date_gmt":"2007-02-15T01:45:58","guid":{"rendered":"http:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/?p=1045"},"modified":"2007-02-14T18:49:33","modified_gmt":"2007-02-15T01:49:33","slug":"dual-agency-smack-down-buyers-and-sellers-informed-consent-to-limited-dual-representation","status":"publish","type":"post","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/1045\/dual-agency-smack-down-buyers-and-sellers-informed-consent-to-limited-dual-representation\/","title":{"rendered":"Dual Agency Smack-Down: Buyer’s and Seller’s Informed Consent to Limited Dual Representation"},"content":{"rendered":"

I really don’t like Dual Agency. I think that’s pretty well established<\/a>. Even so, Russell Shaw convinced me — in person, not on BloodhoundBlog — that BloodhoundRealty.com<\/a> would have to offer Dual Agency if it is to list effectively in the historic districts of Downtown Phoenix.<\/p>\n

Right about the same time, we undertook the Dual Agency Smack-Down<\/a>, an attempt to explore the issue in detail. At a certain point in that debate, I hit what I thought was an insuperable wall<\/a>. The problem was the complexities of a represented real estate transaction:<\/p>\n

The only<\/i> workable way even to achieve Disclosed Dual Agency is by repeated, overt agency violations against either the buyer or the seller, or each in their turn. In other words, you would have to hint at them what to “order” you to do, and each one of those hints would be a betrayal of the interests of the other party.<\/p><\/blockquote>\n

The problem, as I came to see it<\/a>, was the word “detriment” in the Arizona Association of Realtors Consent to Limited Dual Representation form<\/a>. If a broker could not act in any way detrimental to either party, then he could not offer any meaningful or useful advice to either party.<\/p>\n

As it turns out, that word “detriment” turns up in Dual Agency disclosures from all over the country. I had a Realtor in Florida send me a disclosure for Transactional Brokerage (that is, no agency for either party) and the word “detriment” even appears there.<\/i><\/p>\n

Interestingly, the statute law of Dual Agency in Arizona is not nearly so restrictive. The law requires disclosure and informed consent, but it does not insist that the Dual Agent cannot act in ways that might be perceived as being detrimental to one party or the other. Obviously the common law dictates of agency come into play, but the point of a Dual Agency Disclosure form is to modify agency for both parties in such a way as to permit the transaction to take place.<\/p>\n

The problem — in Arizona, take careful note — was not Disclosed Dual Agency but, rather, the impossible restrictions that were being imposed by Read more<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

I really don’t like Dual Agency. I think that’s pretty well established. Even so, Russell Shaw convinced me — in person, not on BloodhoundBlog — that BloodhoundRealty.com would have to offer Dual Agency if it is to list effectively in the historic districts of Downtown Phoenix. Right about the same time, we undertook the Dual […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_crdt_document":"","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[11,6,5],"tags":[],"class_list":{"0":"post-1045","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"hentry","6":"category-dual-agency","7":"category-marketing","8":"category-real-estate","10":"no-featured-image"},"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":670,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/670\/dual-agency-smack-down-the-renet-smacks-back\/","url_meta":{"origin":1045,"position":0},"title":"Dual Agency Smack-Down: The RE.net smacks back . . .","author":"Greg Swann","date":"November 21, 2006","format":false,"excerpt":"Here are some weblogs addressing the Dual Agency Smack-Down from their own points of view: Whenever we talk about Dual Agency, the most fascinating remarks to me come from Christine Forgione at NY Houses 4 Sale. Because they're still working from sub-agency, we look like aliens to each other. More\u2026","rel":"","context":"In "Blogging"","block_context":{"text":"Blogging","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/blogging\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":664,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/664\/dual-agency-smack-down-interlineal-chatter\/","url_meta":{"origin":1045,"position":1},"title":"Dual Agency Smack-Down: Interlineal chatter . . .","author":"Greg Swann","date":"November 20, 2006","format":false,"excerpt":"This is from the AAR Consent to Limited Dual Representation form:The Broker now represents both Buyer and Seller and both parties understand that neither Broker nor Broker\u2019s Licensee(s) can represent the interests of one party to the exclusion or detriment of the other party.The important word is \"detriment\". I think\u2026","rel":"","context":"In "Dual Agency"","block_context":{"text":"Dual Agency","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/dual-agency\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":658,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/658\/dual-agency-smack-down-if-being-a-big-brokerage-is-an-inherent-agency-violation-its-not-the-clients-fault\/","url_meta":{"origin":1045,"position":2},"title":"Dual Agency Smack-Down: If being a big brokerage is an inherent agency violation, it’s not the client’s fault . . .","author":"Greg Swann","date":"November 19, 2006","format":false,"excerpt":"Please. Recognize that everything I say or write is true and do not argue with me. Thanks!Hi! Welcome to BloodhoundBlog. My name is Greg Swann. I question everything. ;) From my point of view, we're still not getting any traction.But single agency is not a viable business model.\u00a0 Period.\u00a0 A\u2026","rel":"","context":"In "Dual Agency"","block_context":{"text":"Dual Agency","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/dual-agency\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":874,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/874\/dual-agency-smack-down-arizona-association-of-realtors-general-counsel-michelle-lind-on-dual-agency\/","url_meta":{"origin":1045,"position":3},"title":"Dual Agency Smack-Down: Arizona Association of Realtors General Counsel Michelle Lind on Dual Agency . . .","author":"Greg Swann","date":"January 8, 2007","format":false,"excerpt":"The Arizona Association of Realtors has just published Arizona Real Estate: A Professional\u2019s Guide to Law and Practice by Arizona Association of Realtors General Counsel Michelle Lind. I don't know what is planned for this book, but it is comprehensive enough to be used as one of the texts in\u2026","rel":"","context":"In "Dual Agency"","block_context":{"text":"Dual Agency","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/dual-agency\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":655,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/655\/dual-agency-smack-down-dueling-angels-are-not-persuasive\/","url_meta":{"origin":1045,"position":4},"title":"Dual Agency Smack-Down: Dueling angels are not persuasive . . .","author":"Greg Swann","date":"November 19, 2006","format":false,"excerpt":"I'm not really a Jesuit, I just play one in the blogsward. My mother had had enough of the Church before she went to high school, and, in consequence, I was sent to public schools. Those were actually quite a bit better then than they are now, but, even so,\u2026","rel":"","context":"In "Dual Agency"","block_context":{"text":"Dual Agency","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/dual-agency\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":666,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/666\/dual-agency-smack-down-a-chicken-in-every-pot-and-a-sword-for-every-gordian-knot\/","url_meta":{"origin":1045,"position":5},"title":"Dual Agency Smack-Down: A chicken in every pot and a sword for every Gordian Knot . . .","author":"Greg Swann","date":"November 20, 2006","format":false,"excerpt":"I solved this problem today. It wasn't even that tough, once I started looking at it the right way. As I pointed out earlier today, the issue is this language in the AAR Consent to Limited Dual Representation form:neither Broker nor Broker's Licensee(s) can represent the interests of one party\u2026","rel":"","context":"In "Dual Agency"","block_context":{"text":"Dual Agency","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/dual-agency\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/1045","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/comments?post=1045"}],"version-history":[{"count":0,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/1045\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/media?parent=1045"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/categories?post=1045"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/tags?post=1045"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}