{"id":87,"date":"2006-07-14T08:08:43","date_gmt":"2006-07-14T15:08:43","guid":{"rendered":"http:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/?p=87"},"modified":"2006-09-12T13:50:42","modified_gmt":"2006-09-12T20:50:42","slug":"dual-agency-benefits-neither-buyer-nor-seller","status":"publish","type":"post","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/87\/dual-agency-benefits-neither-buyer-nor-seller\/","title":{"rendered":"Dual agency benefits neither buyer nor seller"},"content":{"rendered":"

\"\"<\/a>Quote: “Double-dipping isn’t very far from double-dealing, and dual agency has always been the Achilles’ heel of the real estate industry.”<\/a> That’s me in today’s Arizona Republic<\/i>. Here’s a more permanent link<\/a>. And here is the BloodhoundRealty.com policy on dual agency<\/a>. The topic is important enough to us that I want to quote the entire article here.<\/p>\n

Dual agency benefits neither buyer nor seller<\/b><\/p>\n

Imagine you’re in a lawsuit. You’re representing yourself, but, as the suit progresses, you realize your opponent’s attorney is particularly good – thoughtful, incisive, attentive to detail.<\/p>\n

At an appropriate moment, you say, “You’re doing such a good job representing his interests, I know you could do just as well representing mine too.”<\/p>\n

You now understand what’s wrong with dual agency in real estate.<\/p>\n

Dual agency is the fanciful idea that, at the same time that I am zealously and faithfully representing all of your interests as the seller, I can perform the exact same services for the buyer of your home.<\/p>\n

In fact, if I am acting as a dual agent – fully disclosed and consented to by both parties – I can’t provide zealous representation to either party.<\/p>\n

Instead, I become a facilitator, a go-between, a messenger. I can’t advise one client in a way that would hurt the other. I owe the same, insanely limited duties to both parties.<\/p>\n

This applies even if two different agents from the same brokerage are involved. The contracts are with the broker, not the agents. The broker represents both parties.<\/p>\n

The individual agents should act as facilitators. In reality, each will act as an advocate, actively betraying the interests of the broker’s other client.<\/p>\n

So how much will the broker get paid for this farce of his fiduciary duties?<\/p>\n

Double.<\/p>\n

All of this predates the idea of buyer’s agency altogether. When brokers represented only the seller, the buyer was never represented. If the listing broker could scare up a buyer on his own, he didn’t have to split the sales commission with a cooperating broker.<\/p>\n

Double-dipping isn’t very far from double-dealing, and this has always been the Achilles’ heel of the real estate industry.<\/p>\n

So, even now, when buyers have Read more<\/a><\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Quote: “Double-dipping isn’t very far from double-dealing, and dual agency has always been the Achilles’ heel of the real estate industry.” That’s me in today’s Arizona Republic. Here’s a more permanent link. And here is the BloodhoundRealty.com policy on dual agency. The topic is important enough to us that I want to quote the entire […]<\/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":[11,5],"tags":[],"class_list":{"0":"post-87","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"hentry","6":"category-dual-agency","7":"category-real-estate","9":"no-featured-image"},"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":664,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/664\/dual-agency-smack-down-interlineal-chatter\/","url_meta":{"origin":87,"position":0},"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":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":87,"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":1045,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/1045\/dual-agency-smack-down-buyers-and-sellers-informed-consent-to-limited-dual-representation\/","url_meta":{"origin":87,"position":2},"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":87,"position":3},"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":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":87,"position":4},"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":297,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/297\/back-story-how-we-evolved-our-policy-forbidding-dual-agency\/","url_meta":{"origin":87,"position":5},"title":"Back story: How we evolved our policy forbidding dual agency . . .","author":"Cathleen Collins","date":"September 7, 2006","format":false,"excerpt":"Someone commented on Greg's recent post regarding dual agency. I thought I'd give you the \"back story\" so you can understand how we came to this position. Just this past May three events converged to make it crystal clear that dual agency was, in general, good for no one except\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\/87","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=87"}],"version-history":[{"count":0,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/87\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/media?parent=87"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/categories?post=87"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/tags?post=87"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}