Real Estate 101: Representation

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Jay’s Note: “Real Estate 101” is a new series where we’ll explore the basics of real estate buying, selling and investing. Definitions, explanations and of course opinions. If you’ve been here long, you already know many of my series fail miserably. This one should stick though as the material is endless. And it’s not just for those who don’t know a lot about the real estate process, there should be information aplenty for just about everyone. It would be silly to commit to a rigorous posting schedule, as that would just be setting myself up for failure. I betcha we’ll get 2 – 4 articles a month though. I’ll also go back through the archives as well as other industry blogs and spotlight some oldie but goodie articles on the Real Estate 101 page (accessible through the main navigation bar under the header).


Real-Estate-101-v3

Here’s a rough transcript of a call I got last night. Similar conversations happen multiple times a week. . .

Caller: I’m calling about your listing. . .

(95% of the time, it’s not our listing. Our sites show ALL homes for sale in the Phoenix area)

Me: That isn’t our listing, but I’d be happy to give you some information on it.

Caller: I’d rather speak to the listing agent.

Me: Mind if I ask you why? They represent the seller, and the seller’s interests. . .

Caller: I understand how real estate works. The listing agent won’t make as much money if you sell the home. They will discount their commission if I work through them.

Me: Maybe, maybe not. But you’ll have no negotiation position. It’s quite likely we could get the home for a lower price – saving you more than the thousand or so they might take off their commission.

Caller: That’s OK, I know how real estate works. YOU get more if I pay more.

So here is a guy that is convinced he can save money if he uses an agent that represents the other party in the transaction. The same agent who already has a fiduciary duty to the seller. If you are buying a home, don’t you want someone working with you and representing your interests?

Sure, dual agency is legal in Arizona (and many other places). Here you’ll need to sign a document saying you are OK with having limited representation. Read that again – if you are a buyer and you insist on working with the seller’s agent, you have to agree to limited representation.

Is limited representation worth “saving” a couple of thousand (at best) on a purchase of the size, complexity and cost of a real estate transaction?

Let’s take our caller for example. He was calling on a $190K home. So let’s say for the benefit of argument that the listing agent says, “Sure, I’ll drop my commission by 1% of the sales price”. I assure you he’s thinking on a full price offer (after all, he’s already working for the seller to get them top price). So that means the caller can now (maybe) purchase the home for $188,100 in theory “saving” the buyer $1,900.

Let’s do a little math:

Buyer is putting down 20%, and can get a 5.5% fixed interest rate 30 year mortgage.

With a purchase price of 190,000, the buyer needs $38,000 down, so he’s financing $152,000.

That would be a monthly payment of $1,021.

With a purchase price of $188,100, the buyer needs $37,620 down so he’s financing $150,480.

That would be a monthly payment of $1,011.

So what, exactly, is the buyer “saving”?

OK, they need to show up with $380 less of a down payment. And his monthly payment will drop by a whopping $10 a month.

(yes, over the 30 year life of the loan, that $10/month amounts to $3,600. Assuming of course, you really live in the home for 30 years.)

Worth it?

What if, with his own representation he was able to negotiate a purchase price of 5% under list (which is entirely possible in the Phoenix market, and many others).

190,000 – 5% = $180,500 purchase price. $36,100 down. $970 month. That’s $1,520 less down and a $41/month lower payment.

What if, with his own representation, he was able to get some seller concessions toward closing costs AND a lower sales price?

What if, with his own representation, he was able to get the seller to “buy down” his mortgage, resulting in a significantly lower payment across the term of the loan?

Do you really think an agent who represents the seller’s best interest is going to attempt to do this for you the buyer? Remember, you get limited representation. . .

Here’s a thought. Say you are interested in an REO property. During your inspection you find the home needs a new roof (water heater, A/C – insert expensive item here). Do you think the seller’s agent is going to go to bat for you? Think he’s going to risk pissing off the lender (his client) and possibly lose future listings from that lender? No, he’s going to say, “Sorry, REO’s are always sold as-is”. (Hint – sometimes a good buyer’s agent can get a bank to make major repairs, even if the home is listed as is).

Representation is important. We’re not talking about walking into Best Buy and purchasing a television. If that doesn’t work out, you can return it. And you’re not spending 200 thousand on a TV. We’re talking about a home purchase, quite likely the single largest purchase you’ll make in your lifetime.

Don’t you want someone representing you and only you and your best interests?

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About the Author
Jay Thompson

I'm a real estate broker in Phoenix, Arizona and the publisher of the Phoenix Real Estate Guy blog. I tend to drive too fast and scream at the University of Texas and Denver Broncos football teams. My two kids are smarter than most adults I know and my wife is simply amazing.

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Anyway, I have not been here to your site in a long time. Every time I come back, there's like 10 more gadgets on it!

I recently converted my static site to WP and I'm using Thesis as well.

BTW, are you using the Diverse Solutions IDX Plugin? I was going to until they decided to charge for it. There are many FREE ways to get RSS feeds into a WP now days. They are not as nice, but we all know the real goal…

Jay,

How are you?

Two posts up is a post I made on February 18, 2010 at 7:43 pm. At the bottom, there's a link to a post called Hello World.

This page does not exist on my site and I'm getting a crawl error in my Google Webmaster Tools as a result.

Can you please remove that link for me?

Thanks!

Rob

Great article. It will be interesting to see where the industry goes with biz models like Redfin. Our site, http://www.gohoming.com, will only work with buyer's with agent representation. Given that we currently just represent REO homes for sale, the REO property may be a deal but don't lose out on it by taking a risk.

Good post Jay.

I often get the "I'm calling about your listing" calls but almost never do I get into the "I jsut want to talk to the listing agent" discussion. Not sure why.

Anyway, I have not been here to your site in a long time. Every time I come back, there's like 10 more gadgets on it!

I recently converted my static site to WP and I'm using Thesis as well.

BTW, are you using the Diverse Solutions IDX Plugin? I was going to until they decided to charge for it. There are many FREE ways to get RSS feeds into a WP now days. They are not as nice, but we all know the real goal...

:)

Anyway, ur site is lookin good,

Rob
.-= Rob McCance´s last blog ..Hello world! =-.

Hi Jay ~ Late to the party, but I'm totally with you on this too. Dual agency is pretty common practice in Iowa, so I get some odd looks when I say I'm against it too, (yes, the killed the kitten look springs to mind). I still don't see how getting the highest price and lowest price at the same time is feasibly possible... And yes I know we work on commission, but as you correctly point out, you can't put a price on a satisfied client!

A fantastic post that I hope many buyers read.
.-= Denise Hamlin´s last blog ..New Movies and Events in Iowa City & Coralville this Weekend =-.

It's no secret that I'm with you on this. I've blogged about it, talked about it, and argued about it with more than one agent. There is (in my mind) only one reason for dual agency (of the single agent variety, I have no problem with inter-office dual agency as long as it is done right) - greed.

I've seen the "I just double-ended a listing" high fives before too. Each time, my stomach soured and I felt sick. Is this who we are as agents? High-fiving just because we made extra money on a transaction? I'd rather be high-fived because I helped someone buy the house they wanted for the price they wanted - that's a job well done. To me, those high-fives are about as slimy as hearing someone say "take your client to XYZ Builder - they're offering a $5,000 bonus if they close by the end of the month." Yuck. If my clients have the needs that matches what a builder is offering, then I will show them the homes, but I will not take them to a community just because there is an incentive dangled in front of me.
.-= Matt Stigliano´s last blog ..Showing Homes to a Buyer: What They Want to See. =-.

Jay, you make some very valid point and I certainly don't disagree with you whatsoever IF and only IF you are a retail buyer.

I'm an investor and my approach is very different however I am on your side with this. If I were the caller (assuming he's a retail buyer) you without a doubt want someone like yourself fighting for your interests. With my investment properties/ flips my team of agents who I work with on a regular basis see things a little differently. They know they're going to be getting paid both sides of the commish and they also know that getting a house sold for 'top dollar' isn't always in the sellers best interest, most of the time, it's just getting it sold 'quickly' regardless of the discount involved. In those cases they really are serving both sides, the seller in getting the house sold immediately and my side as I'm getting a significant discount.

I look forward to this series Jay.

Hey Jay,

What can you do ... he knows how real estate works :).

I think we all hear from that guy from time to time, nice post.
.-= Joe Manausa´s last blog ..A True Measure Of Real Estate Depreciation =-.

THANK YOU FOR SAYING IT JAY!!!! I can't stress how important this post is to all buyers who think that the best thing they can do is contact the listing agent. I say it untill I'm blue in the face but it is not a good thing to be represented by the listing agent if your the buyer. Sure it makes for a good pay check but in all reality it is better as a consumer to not have limited representation.

Gentleman,

The general public just needs to be educated about the fallacy of "I'll get a better deal if I do it myself" notion. It's up to the forward thinking and client serving real estate professionals such as ourselves to educate the public on this matter. It is our fiduciary and ethical responsibility to do so. It is amazing how naive even the smartest people can be when it comes down to real estate. In the commercial industry (which is my company's primary focus) you'd be suprised how little very smart business owners know about agency relationships. Our firm has actually moved toward a Tenant and Buyer Rep Only Firm to eliminate any potential conflict of interest. You want a good read? Check out a recent post we had at http://ladinventures.posterous.com/the-worst-advi.... Let me know your thoughts on that!

BTW, Thanks again Jay for the platform!

I agree that using the sellers agent doesn't make sense.

But how do you answer the callers point that you make more money if your buyer buys at a higher price? That seems to be a flaw when it comes to anyone that sells on commission.

Don -

Here's how I look at it...

Say I'm able to help one of my buyers get a lower price, let's call it $10,000 below list price. That's a nice chunk of change for the buyer.

What does that mean for my commission check?

If, for example, I was getting 3% of the purchase price, then in this example I would make $300 less by getting the price reduced $10,000.

Trust me, a happy client who got a home for $10K less is worth WAY more to me than $300.

Way more. They'll rave and tell friends and family. Some day, they'll move and remember who helped them get a great deal.

You can't put a price on a satisfied client, but I'm confident it's well over $300. . .

Jay, once again you drilled it down to logic.

Be it $300.00 or $3,000.00 a satisfied Client is always my goal. If I show two homes priced at $500,000, one offering 3% and the other offering 2% I am going to represent my Clients to the fullest of my abilities based on the pick they make, not a higher commission.

But I guess everyone should be a little concerned about someone just after the buck, pretty short sighted in my book.
.-= Jeffrey Douglass´s last blog ..Week 5 Rancho Santa Fe Closed Real Estate Sales =-.

Jay, You always have such a fresh way of looking at things and so logical. As we both know and hate dual agency, a cheap man will usually pay twice when he runs up against an unethical listing agent out to get the highest price for the seller, highest commission, and a don't worry everything is fine attitude on the buyer's due diligence. Never mind the non-disclosed cracked slab, sex offender living next door, and the fact that the Seller's have that chronic sewer pipe problem.

It is this pervasive attitude of saving a buck that allows dual agency to continue year after year. Thanks for the great article - you rock!
.-= Jeffrey Douglass´s last blog ..Week 5 Rancho Santa Fe Closed Real Estate Sales =-.

Few things get me more fired up than dual agency Jeffrey! 9 times out of 10 when I have a conversation with a contact who feels they'll "get a better deal" working with the seller's agent I can convince them it is a bad idea. At this point I'm not even trying to get them to be MY client, I just want them to consider working with any agent but the seller's agent.

In the case of this caller, he was completely closed minded to the concept. I got the distinct feeling he though I was trying to reel him in -- which is not the way I roll.

Not everyone will see the light and will think that they are smarter than everyone.

If they run into a good listing agent they will get decent representation, if they run into a bad listing agent it could cost them big time.

It is so important to have that ongoing relationship with your agent far before you find the home you want to buy, you want an advocate, not a sales job when you run into that "perfect house". We all know homes are purchased on emotion and the listing agent is going to take every advantage of that.

When I am working for the Seller I will do everything to see it for the maximum price and best terms. When I represent a Buyer I get them the best possible deal and make sure they know everything about the property. And fortunately, I never represent the Buyer and Seller in the same transaction, so my loyalty and goal is very clear.
.-= Jeffrey Douglass´s last blog ..Week 5 Rancho Santa Fe Closed Real Estate Sales =-.

I send out a newsletter with homes sold and I occasionally get emails asking why a home sold at such a high price. When I used to look into it, about half the time the buyer's agent was also the seller's agent.
.-= John Wake´s last blog ..Only 23% of normal Scottsdale listings sold in 2009 =-.

It would be very interesting to do an analysis of some sort on sale price based on dual agency. I'm just not sure how to go about that. Maybe some economist can figure it out :)

Good Post Jay.

Agency representation is difficult to understand for many real estate agents, let alone consumers. In my experience, the benefits (if any) and risks (may be significant) of limited representation are rarely understood buy any of the parties involved in such a transaction, agents included. Additionally, few understand that representation and compensation are never tied together.

All I can tell you is that I personally would never accept limited representation as a consumer, nor will I ever offer to be a limited representative as an agent. In your scenario, if I were the listing agent and received a call from the potential Buyer, my first question, per the Code of Ethics would be, "Are you represented by a real estate agent." When the Buyer replied "No", I would advise Mr. Buyer that I represent the Seller ONLY, and that anything the Buyer choses to tell me, can and will be relayed to the Seller. If/when the issue of my commission were to come up, I would state, "How much I get paid for the successful closing will be a converstion between my client, the Seller and I."

All that being said, in-house transactions where two agents from the same firm bring the Buyer and Seller to the transaction, creates what I call an unavoidable limited agency scenario. In this case, proper consent and documentation of the limited representation would need to be obtained from BOTH the Buyer and Seller, PRIOR to providing real estate services.

When I was running my company, the company policy was, if an agent was the only agent in the transaction, the agent was required to chose ONE party to represent. Both parties were asked to consent in writing to that representation, at the onset of the transaction.

I agree with you, representation is important. However, when the Buyer in your scenario does call the listing agent as an unrepresented buyer, they are doing so because they believe that they can negotiate a "better deal" by being unrepresented.

As the saying goes... the attorney who represents himself, has a fool for a client! I think the same applies for a consumer who represents himself in a real estate transaction.

Fabulous comment Duane!

I abhor single-agent dual agency. To over-simplify it, there is no way I can represent both sides and simultaneously get the highest price for the seller and the lowest price for the buyer. That seems stunningly obvious.

Yet I've seen agents, and brokers, slapping high fives when someone double ends a transaction. It sickens me.

As you mention, intra-agency limited agency is often unavoidable, though I think that can be managed if the broker sets proper ground rules and procedures. With full disclosure to all parties of course.

Oddly, I was in an agency law CE class yesterday and the subject of single-agent dual agency came up. I mentioned that I thought it was a horrible idea and one of the leading factors in what is wrong in this industry, and ought to be illegal. Some of my classmates looked at me like I'd just killed their kitten...

Duane, I love this quote about the attorney - going to be using that one from now on!
.-= Jeffrey Douglass´s last blog ..Week 5 Rancho Santa Fe Closed Real Estate Sales =-.

Good synopsis and example Jay. All too often emotion, rather than common sense, rule the decision making process. A little simple math is all that is needed to seem the benefits of independent representation.

Dean Webb

@EverestRe

Gary / Steve / Dean -

Thanks for stopping by and adding to the discussion! Yep, time, money, hassle -- they all add up. Love the attorney analogy (though I sometimes wish I had used my ex-wife's divorce attorney -- she was very good... ). And it is easy to let emotion over-ride common sense. Buying or selling a home is a very emotional process.

Kudos to Jay!

It's up to us to educate the public about this "Grey Area". I always ask clients "If you were being tried for murder (which I'd really hope my client would not be), would you want the prosecuting attorney to be representing you as well?"

Excellent post! It is true in so many ways. Good buyer representation can save money, time (which is money), and hassle (which is time). Your argument that the buyer isn't saving all that much when using the seller's agent for representation is right on the money (pun intended). And for the record we have been able to negotiation with banks who own homes to make repairs.
.-= Gary Sattelberger´s last blog ..Phoenix Real Estate Inventory Report January 28, 2010 =-.

Jay,

How are you?

Two posts up is a post I made on February 18, 2010 at 7:43 pm. At the bottom, there's a link to a post called Hello World.

This page does not exist on my site and I'm getting a crawl error in my Google Webmaster Tools as a result.

Can you please remove that link for me?

Thanks!

Rob

Great article. It will be interesting to see where the industry goes with biz models like Redfin. Our site, http://www.gohoming.com, will only work with buyer's with agent representation. Given that we currently just represent REO homes for sale, the REO property may be a deal but don't lose out on it by taking a risk.

Good post Jay.

I often get the "I'm calling about your listing" calls but almost never do I get into the "I jsut want to talk to the listing agent" discussion. Not sure why.

Anyway, I have not been here to your site in a long time. Every time I come back, there's like 10 more gadgets on it!

I recently converted my static site to WP and I'm using Thesis as well.

BTW, are you using the Diverse Solutions IDX Plugin? I was going to until they decided to charge for it. There are many FREE ways to get RSS feeds into a WP now days. They are not as nice, but we all know the real goal...

:)

Anyway, ur site is lookin good,

Rob
.-= Rob McCanceu00c2u00b4s last blog ..Hello world! =-.

Excellent article and ironic that I was just discussing this over the weekend with someone NOT in the business. I do not know who is promoting the concept of buyers being unrepresented but it needs to stop. I feel so sorry for buyers that end up getting the short end of the stick, especially since most are completely unaware of how badly they just screwed themselves.

Hi Jay ~ Late to the party, but I'm totally with you on this too. Dual agency is pretty common practice in Iowa, so I get some odd looks when I say I'm against it too, (yes, the killed the kitten look springs to mind). I still don't see how getting the highest price and lowest price at the same time is feasibly possible... And yes I know we work on commission, but as you correctly point out, you can't put a price on a satisfied client!

A fantastic post that I hope many buyers read.
.-= Denise Hamlinu00c2u00b4s last blog ..New Movies and Events in Iowa City & Coralville thisu00c2u00a0Weekend =-.

It's no secret that I'm with you on this. I've blogged about it, talked about it, and argued about it with more than one agent. There is (in my mind) only one reason for dual agency (of the single agent variety, I have no problem with inter-office dual agency as long as it is done right) - greed.

I've seen the "I just double-ended a listing" high fives before too. Each time, my stomach soured and I felt sick. Is this who we are as agents? High-fiving just because we made extra money on a transaction? I'd rather be high-fived because I helped someone buy the house they wanted for the price they wanted - that's a job well done. To me, those high-fives are about as slimy as hearing someone say "take your client to XYZ Builder - they're offering a $5,000 bonus if they close by the end of the month." Yuck. If my clients have the needs that matches what a builder is offering, then I will show them the homes, but I will not take them to a community just because there is an incentive dangled in front of me.
.-= Matt Stiglianou00c2u00b4s last blog ..Showing Homes to a Buyer: What They Want to See. =-.

Jay, you make some very valid point and I certainly don't disagree with you whatsoever IF and only IF you are a retail buyer.

I'm an investor and my approach is very different however I am on your side with this. If I were the caller (assuming he's a retail buyer) you without a doubt want someone like yourself fighting for your interests. With my investment properties/ flips my team of agents who I work with on a regular basis see things a little differently. They know they're going to be getting paid both sides of the commish and they also know that getting a house sold for 'top dollar' isn't always in the sellers best interest, most of the time, it's just getting it sold 'quickly' regardless of the discount involved. In those cases they really are serving both sides, the seller in getting the house sold immediately and my side as I'm getting a significant discount.

I look forward to this series Jay.

Hey Jay,

What can you do ... he knows how real estate works :).

I think we all hear from that guy from time to time, nice post.
.-= Joe Manausau00c2u00b4s last blog ..A True Measure Of Real Estate Depreciation =-.

THANK YOU FOR SAYING IT JAY!!!! I can't stress how important this post is to all buyers who think that the best thing they can do is contact the listing agent. I say it untill I'm blue in the face but it is not a good thing to be represented by the listing agent if your the buyer. Sure it makes for a good pay check but in all reality it is better as a consumer to not have limited representation.

Gentleman,

The general public just needs to be educated about the fallacy of "I'll get a better deal if I do it myself" notion. It's up to the forward thinking and client serving real estate professionals such as ourselves to educate the public on this matter. It is our fiduciary and ethical responsibility to do so. It is amazing how naive even the smartest people can be when it comes down to real estate. In the commercial industry (which is my company's primary focus) you'd be suprised how little very smart business owners know about agency relationships. Our firm has actually moved toward a Tenant and Buyer Rep Only Firm to eliminate any potential conflict of interest. You want a good read? Check out a recent post we had at http://ladinventures.posterous.com/the-worst-advi.... Let me know your thoughts on that!

BTW, Thanks again Jay for the platform!

I agree that using the sellers agent doesn't make sense.

But how do you answer the callers point that you make more money if your buyer buys at a higher price? That seems to be a flaw when it comes to anyone that sells on commission.

Don -

Here's how I look at it...

Say I'm able to help one of my buyers get a lower price, let's call it $10,000 below list price. That's a nice chunk of change for the buyer.

What does that mean for my commission check?

If, for example, I was getting 3% of the purchase price, then in this example I would make $300 less by getting the price reduced $10,000.

Trust me, a happy client who got a home for $10K less is worth WAY more to me than $300.

Way more. They'll rave and tell friends and family. Some day, they'll move and remember who helped them get a great deal.

You can't put a price on a satisfied client, but I'm confident it's well over $300. . .

Jay, once again you drilled it down to logic.

Be it $300.00 or $3,000.00 a satisfied Client is always my goal. If I show two homes priced at $500,000, one offering 3% and the other offering 2% I am going to represent my Clients to the fullest of my abilities based on the pick they make, not a higher commission.

But I guess everyone should be a little concerned about someone just after the buck, pretty short sighted in my book.
.-= Jeffrey Douglassu00c2u00b4s last blog ..Week 5 Rancho Santa Fe Closed Real Estate Sales =-.

Jay, You always have such a fresh way of looking at things and so logical. As we both know and hate dual agency, a cheap man will usually pay twice when he runs up against an unethical listing agent out to get the highest price for the seller, highest commission, and a don't worry everything is fine attitude on the buyer's due diligence. Never mind the non-disclosed cracked slab, sex offender living next door, and the fact that the Seller's have that chronic sewer pipe problem.

It is this pervasive attitude of saving a buck that allows dual agency to continue year after year. Thanks for the great article - you rock!
.-= Jeffrey Douglassu00c2u00b4s last blog ..Week 5 Rancho Santa Fe Closed Real Estate Sales =-.

Few things get me more fired up than dual agency Jeffrey! 9 times out of 10 when I have a conversation with a contact who feels they'll "get a better deal" working with the seller's agent I can convince them it is a bad idea. At this point I'm not even trying to get them to be MY client, I just want them to consider working with any agent but the seller's agent.

In the case of this caller, he was completely closed minded to the concept. I got the distinct feeling he though I was trying to reel him in -- which is not the way I roll.

Not everyone will see the light and will think that they are smarter than everyone.

If they run into a good listing agent they will get decent representation, if they run into a bad listing agent it could cost them big time.

It is so important to have that ongoing relationship with your agent far before you find the home you want to buy, you want an advocate, not a sales job when you run into that "perfect house". We all know homes are purchased on emotion and the listing agent is going to take every advantage of that.

When I am working for the Seller I will do everything to see it for the maximum price and best terms. When I represent a Buyer I get them the best possible deal and make sure they know everything about the property. And fortunately, I never represent the Buyer and Seller in the same transaction, so my loyalty and goal is very clear.
.-= Jeffrey Douglassu00c2u00b4s last blog ..Week 5 Rancho Santa Fe Closed Real Estate Sales =-.

I send out a newsletter with homes sold and I occasionally get emails asking why a home sold at such a high price. When I used to look into it, about half the time the buyer's agent was also the seller's agent.
.-= John Wakeu00c2u00b4s last blog ..Only 23% of normal Scottsdale listings sold in 2009 =-.

It would be very interesting to do an analysis of some sort on sale price based on dual agency. I'm just not sure how to go about that. Maybe some economist can figure it out :)

Good Post Jay.

Agency representation is difficult to understand for many real estate agents, let alone consumers. In my experience, the benefits (if any) and risks (may be significant) of limited representation are rarely understood buy any of the parties involved in such a transaction, agents included. Additionally, few understand that representation and compensation are never tied together.

All I can tell you is that I personally would never accept limited representation as a consumer, nor will I ever offer to be a limited representative as an agent. In your scenario, if I were the listing agent and received a call from the potential Buyer, my first question, per the Code of Ethics would be, "Are you represented by a real estate agent." When the Buyer replied "No", I would advise Mr. Buyer that I represent the Seller ONLY, and that anything the Buyer choses to tell me, can and will be relayed to the Seller. If/when the issue of my commission were to come up, I would state, "How much I get paid for the successful closing will be a converstion between my client, the Seller and I."

All that being said, in-house transactions where two agents from the same firm bring the Buyer and Seller to the transaction, creates what I call an unavoidable limited agency scenario. In this case, proper consent and documentation of the limited representation would need to be obtained from BOTH the Buyer and Seller, PRIOR to providing real estate services.

When I was running my company, the company policy was, if an agent was the only agent in the transaction, the agent was required to chose ONE party to represent. Both parties were asked to consent in writing to that representation, at the onset of the transaction.

I agree with you, representation is important. However, when the Buyer in your scenario does call the listing agent as an unrepresented buyer, they are doing so because they believe that they can negotiate a "better deal" by being unrepresented.

As the saying goes... the attorney who represents himself, has a fool for a client! I think the same applies for a consumer who represents himself in a real estate transaction.

Fabulous comment Duane!

I abhor single-agent dual agency. To over-simplify it, there is no way I can represent both sides and simultaneously get the highest price for the seller and the lowest price for the buyer. That seems stunningly obvious.

Yet I've seen agents, and brokers, slapping high fives when someone double ends a transaction. It sickens me.

As you mention, intra-agency limited agency is often unavoidable, though I think that can be managed if the broker sets proper ground rules and procedures. With full disclosure to all parties of course.

Oddly, I was in an agency law CE class yesterday and the subject of single-agent dual agency came up. I mentioned that I thought it was a horrible idea and one of the leading factors in what is wrong in this industry, and ought to be illegal. Some of my classmates looked at me like I'd just killed their kitten...

Duane, I love this quote about the attorney - going to be using that one from now on!
.-= Jeffrey Douglassu00c2u00b4s last blog ..Week 5 Rancho Santa Fe Closed Real Estate Sales =-.

Good synopsis and example Jay. All too often emotion, rather than common sense, rule the decision making process. A little simple math is all that is needed to seem the benefits of independent representation.

Dean Webb

@EverestRe

Gary / Steve / Dean -

Thanks for stopping by and adding to the discussion! Yep, time, money, hassle -- they all add up. Love the attorney analogy (though I sometimes wish I had used my ex-wife's divorce attorney -- she was very good... ). And it is easy to let emotion over-ride common sense. Buying or selling a home is a very emotional process.

Kudos to Jay!

It's up to us to educate the public about this "Grey Area". I always ask clients "If you were being tried for murder (which I'd really hope my client would not be), would you want the prosecuting attorney to be representing you as well?"

Excellent post! It is true in so many ways. Good buyer representation can save money, time (which is money), and hassle (which is time). Your argument that the buyer isn't saving all that much when using the seller's agent for representation is right on the money (pun intended). And for the record we have been able to negotiation with banks who own homes to make repairs.
.-= Gary Sattelbergeru00c2u00b4s last blog ..Phoenix Real Estate Inventory Report January 28, 2010 =-.

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