I solved this problem today. It wasn’t even that tough, once I started looking at it the right way.<\/p>\n
As I pointed out earlier today<\/a>, the issue is this language in the AAR Consent to Limited Dual Representation form<\/a>:<\/p>\n neither Broker nor Broker’s Licensee(s) can represent the interests of one party to the exclusion or detriment<\/b> of the other party [emphasis added]<\/p><\/blockquote>\n What that language says, in my opinion, is that no<\/i> Arizona brokerage that has undertaken Disclosed Dual Agency using that form has done so in a way that would withstand the questioning of a plaintiff’s attorney.<\/p>\n I believe it is impossible for any brokered real estate transaction to close according to the strict terms of that language. Instead, every Arizona brokerage that has undertaken Disclosed Dual Agency using that form has routinely, repeatedly and serially acted in ways detrimental to both buyers and sellers, each in their turn, throughout every one of those transactions.<\/p>\n This was not malicious. To the contrary. The Disclosed Dual Agent was acting in the best interests of each client, each in their turn, and each of those clients had an absolute veto power over everything that was done at each step of the process. The problem is simply that a brokered real estate transaction is too complicated to be effected without expert advice<\/a>. In tendering that advice, in all good will, the Disclosed Dual Agent will have acted to the detriment of the other party every time he gave good, solid, useful advice to the party before him.<\/p>\n (I will concede for the benefit of quibblers that someone could try to deliver the type of completely prostrate, advice-free “service” required by that language, provided that the quibblers will concede that both buyer and seller fired their prostrate agent as soon as they apprehended the type of “service” they were to receive. In other words, the conduct required by the form is theoretically possible, but it has never, ever happened.)<\/p>\n Here’s the cute part, though: The actual problem is the form itself.<\/p>\n The statute law of Disclosed Dual Agency (A.R.S. ? 32-2153(A)(2)<\/a> (“Acted for more than one party in a transaction without the Read more<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" 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 to the exclusion or […]<\/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-666","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":1045,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/1045\/dual-agency-smack-down-buyers-and-sellers-informed-consent-to-limited-dual-representation\/","url_meta":{"origin":666,"position":0},"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":649,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/649\/dual-agency-smack-down-a-category-11-hurricane-of-arguments-against-disclosed-dual-agency\/","url_meta":{"origin":666,"position":1},"title":"Dual Agency Smack-Down: A category 11 hurricane of arguments against Disclosed Dual Agency . . .","author":"Greg Swann","date":"November 17, 2006","format":false,"excerpt":"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\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":2755,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/2755\/practical-dual-agency-in-real-life-it-is-possible-to-have-a-fiduciary-duty-to-your-sellers-that-you-cannot-get-away-from-that-feels-like-a-complete-betrayal-of-your-buyers-what-then\/","url_meta":{"origin":666,"position":2},"title":"Practical dual agency in real life: It is possible to have a fiduciary duty to your sellers — that you cannot get away from — that feels like a complete betrayal of your buyers. What then?","author":"Greg Swann","date":"March 12, 2008","format":false,"excerpt":"There is a debate on dual agency going on at VARbuzz. This is my contribution to the conversation. I abhor dual agency -- notoriously so. I make no distinction between one licensee or two in the same brokerage, and I am more than prepared to be suspicious if there is\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":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":666,"position":3},"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":103,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/103\/location-location-location-refusing-dual-agency-puts-realtors-above-reproach\/","url_meta":{"origin":666,"position":4},"title":"Location, location, location: Refusing Dual Agency puts Realtors above reproach . . .","author":"Greg Swann","date":"July 19, 2006","format":false,"excerpt":"I may have stirred up a hornet's nest on the subject of No Dual Agency. Jim Duncan at Real Central VA posted his thoughts, and the sellsius\u00b0 real estate blog posted a round-up, asking Are Buyers Customers or Clients? From Arizona, taking a trip Back East is also taking a\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":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":666,"position":5},"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":[]}],"_links":{"self":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/666","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=666"}],"version-history":[{"count":0,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/666\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/media?parent=666"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/categories?post=666"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/tags?post=666"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}