{"id":649,"date":"2006-11-17T20:02:13","date_gmt":"2006-11-18T03:02:13","guid":{"rendered":"http:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/?p=649"},"modified":"2006-11-17T21:15:44","modified_gmt":"2006-11-18T04:15:44","slug":"dual-agency-smack-down-a-category-11-hurricane-of-arguments-against-disclosed-dual-agency","status":"publish","type":"post","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/649\/dual-agency-smack-down-a-category-11-hurricane-of-arguments-against-disclosed-dual-agency\/","title":{"rendered":"Dual Agency Smack-Down: A category 11 hurricane of arguments against Disclosed Dual Agency . . ."},"content":{"rendered":"

I’m going to stir up a category 11 hurricane<\/a> by basing my initial entry in the Dual Agency Smack-Down on our past posts on the subject. Cathleen and I have dealt with this topic at great length in the past, so it seems reasonable to reinforce our arguments by revisiting them.<\/p>\n

For the benefit of readers who may not be real estate professionals, I’ll start with our Dual Agency policy page<\/a>, which defines and frames the issue:<\/p>\n

Dual Agency is the process by which one real estate broker represents both the seller and the buyer in a transaction. It is legal in Arizona, provided it is fully disclosed and consented to by all parties.<\/p><\/blockquote>\n

Clear as mud?<\/p>\n

Here’s what you’re apt to think of, when you think of Dual Agency: An agent lists a home for sale, you see it at an open house and sign a contract on the spot. The agent represents the seller. Does he also represent you? If he does, his role is reduced to that of a transaction facilitator. He carries messages back and forth between you and the seller, but he is forbidden by the Dual Agency to advocate for either of you. He may be completely scrupulous in his performance, but the chances are excellent that either you or the seller — or both of you! — are going to feel cheated at the end of the process. If “your” agent isn’t working in your interest, he must be betraying it instead. This may not be the truth of the matter, but it’s a suspicion that leaps readily to mind.<\/p>\n

But here’s how Dual Agency usually works out. Your agent from Behemoth Realty takes you to a number of homes, including some that are themselves listed by Behemoth. You select one of these. Your agent is not the listing agent of the home you picked. It’s listed with a different Behemoth agent. So there’s no problem, right? Wrong. Your Buyer Broker Agreement is with the broker<\/em> of Behemoth Realty, not with “your” agent. The Listing Contract is with the broker<\/em> of Behemoth Realty, not with the seller’s agent. Both Read more<\/a><\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

I’m going to stir up a category 11 hurricane by basing my initial entry in the Dual Agency Smack-Down on our past posts on the subject. Cathleen and I have dealt with this topic at great length in the past, so it seems reasonable to reinforce our arguments by revisiting them. For the benefit of […]<\/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-649","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":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":649,"position":0},"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":1045,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/1045\/dual-agency-smack-down-buyers-and-sellers-informed-consent-to-limited-dual-representation\/","url_meta":{"origin":649,"position":1},"title":"Dual Agency Smack-Down: Buyer’s and Seller’s Informed Consent to Limited Dual Representation","author":"Greg Swann","date":"February 14, 2007","format":false,"excerpt":"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\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":649,"position":2},"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":[]},{"id":660,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/660\/dual-agency-smack-down-real-estate-in-real-life\/","url_meta":{"origin":649,"position":3},"title":"Dual Agency Smack-Down: Real estate in real life . . .","author":"Greg Swann","date":"February 18, 2010","format":false,"excerpt":"Kicking this back up to the top. I wrote this on November 19th, 2006, but nothing has changed since then. But, as it happens, our friends at Agent Shortbus have taken up the topic of dual agency, albeit without reference to anything rigorous or dispositive. We have a whole category\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":670,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/670\/dual-agency-smack-down-the-renet-smacks-back\/","url_meta":{"origin":649,"position":4},"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":655,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/655\/dual-agency-smack-down-dueling-angels-are-not-persuasive\/","url_meta":{"origin":649,"position":5},"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":[]}],"_links":{"self":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/649","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=649"}],"version-history":[{"count":0,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/649\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/media?parent=649"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/categories?post=649"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/tags?post=649"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}