Comments on: Trapped in Code of Ethics Training http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/ Phoenix Real Estate -- Anything and everything about it. Plus random musings... Now with Phoenix area MLS Listings Search! Sat, 21 Nov 2009 14:25:35 -0600 http://wordpress.org/?v=2.8.4 hourly 1 By: Heather Tawes Nelson- Scottsdale AZ Real Estate http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/#comment-35335 Heather Tawes Nelson- Scottsdale AZ Real Estate Sat, 12 Jul 2008 20:49:17 +0000 http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/1109#comment-35335 Dual agency is very tricky... It is challenging to remain impartial to both sides since at the end of the day, you want to provide the best service to your clients at all times. When I am in a potential dual agency situation, I make it very clear to my clients as to what I will or will not be able to do on their behalf if we move forward. I look forward to your thoughts on the matter! Dual agency is very tricky… It is challenging to remain impartial to both sides since at the end of the day, you want to provide the best service to your clients at all times. When I am in a potential dual agency situation, I make it very clear to my clients as to what I will or will not be able to do on their behalf if we move forward. I look forward to your thoughts on the matter!

]]> By: Faina Sechzer http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/#comment-35281 Faina Sechzer Fri, 11 Jul 2008 19:28:12 +0000 http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/1109#comment-35281 I met a lot of sellers and buyers who think dual agency is a good idea. The sellers are happy their home is getting sold by whoever:) The buyers sometimes think there could be some financial gain to them, if both sides of the transaction are handled by one agent, or by two agents with the same broker. IMO, they do not fully understand what dual representations means. My thoughts on this subject would make for a very long comment:) Looking forward to reading more of yours. I met a lot of sellers and buyers who think dual agency is a good idea. The sellers are happy their home is getting sold by whoever:) The buyers sometimes think there could be some financial gain to them, if both sides of the transaction are handled by one agent, or by two agents with the same broker. IMO, they do not fully understand what dual representations means. My thoughts on this subject would make for a very long comment:) Looking forward to reading more of yours.

]]> By: BawldGuy Talking http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/#comment-35212 BawldGuy Talking Thu, 10 Jul 2008 17:17:01 +0000 http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/1109#comment-35212 Almost forgot -- I usually entertain The Boss with funny snippets from RE blogs upon her arrival from work at night. So far your comment -- I’m not sure if Jeff is ever wrong…) is the slam dunk winner, guaranteed to make her cry through her laughter. :) Almost forgot — I usually entertain The Boss with funny snippets from RE blogs upon her arrival from work at night. So far your comment — I’m not sure if Jeff is ever wrong…) is the slam dunk winner, guaranteed to make her cry through her laughter. :)

]]> By: BawldGuy Talking http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/#comment-35210 BawldGuy Talking Thu, 10 Jul 2008 17:11:54 +0000 http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/1109#comment-35210 Jay -- Can't wait to read about your dual agency thoughts. Mine can be found in very first few posts on BHG in dual agency shootout with Darkside Boy, uh, I mean Greg. :) See you soon. Jay — Can’t wait to read about your dual agency thoughts. Mine can be found in very first few posts on BHG in dual agency shootout with Darkside Boy, uh, I mean Greg. :)

See you soon.

]]> By: Jay - The Phoenix Real Estate Guy http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/#comment-35209 Jay - The Phoenix Real Estate Guy Thu, 10 Jul 2008 17:05:42 +0000 http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/1109#comment-35209 BawldGuy - as usual, you make excellent points. (for those reading, I'm not sure if Jeff is <i>ever</i> wrong...) I'll amend the post to make sure it's clear that the "evilness" of dual agency is my opinion. And look for a likely lengthy tome soon on my opinions of dual agency. "Would love to be dual agent for you and I with drinks at BarCamp." Count on it my friend! BawldGuy – as usual, you make excellent points. (for those reading, I’m not sure if Jeff is ever wrong…)

I’ll amend the post to make sure it’s clear that the “evilness” of dual agency is my opinion.

And look for a likely lengthy tome soon on my opinions of dual agency.

“Would love to be dual agent for you and I with drinks at BarCamp.”

Count on it my friend!

]]> By: BawldGuy Talking http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/#comment-35207 BawldGuy Talking Thu, 10 Jul 2008 16:44:01 +0000 http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/1109#comment-35207 First of all, a NAR ethics course is oxymoronic on its face. Second, you're free to define dual agency as evil. It's also incumbent upon you to ensure readers understand the statement is merely your personal opinion. Third, the 30+ years I've literally had clients IMPLORE me to represent both sides, and it happens multiple times yearly. Finally, if it's evil, I'd love to hear the reasoning for the exceptions, allowing the agent to commit 'evil' purposefully. I think cheating on one's spouse is evil, but I don't allow for exceptions that are few and far between. Would love to be dual agent for you and I with drinks at BarCamp. :) First of all, a NAR ethics course is oxymoronic on its face.

Second, you’re free to define dual agency as evil. It’s also incumbent upon you to ensure readers understand the statement is merely your personal opinion.

Third, the 30+ years I’ve literally had clients IMPLORE me to represent both sides, and it happens multiple times yearly.

Finally, if it’s evil, I’d love to hear the reasoning for the exceptions, allowing the agent to commit ‘evil’ purposefully. I think cheating on one’s spouse is evil, but I don’t allow for exceptions that are few and far between.

Would love to be dual agent for you and I with drinks at BarCamp. :)

]]> By: Evan Fuchs http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/#comment-35204 Evan Fuchs Thu, 10 Jul 2008 15:25:22 +0000 http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/1109#comment-35204 That's a new one. While I have heard people make the argument that Dual Agency is unethical, I haven't heard someone say that NOT practicing Dual Agency is unethical. It's all about disclosure and informed consent - one way or the other. After explaining the process and allowing the client to make an informed decision about how THEY want to be represented, isn't it their choice? I think so. If my buyer is OK with Dual agency and it's limitations, fine.It works both ways, and the same for the seller. If my firm wasn't was against it:: "Mr. Seller, this is what Dual Agency is. Our firm does not believe in it because _______, so we do not practice it. We will market your property, represent you, and make sure any buyers have an agent to represent them exclusively. It won't be me as the listing agent. Sound good? Sign here." An ethics trainer saying it's unethical not to practice dual agency? Please. That’s a new one. While I have heard people make the argument that Dual Agency is unethical, I haven’t heard someone say that NOT practicing Dual Agency is unethical.

It’s all about disclosure and informed consent – one way or the other.

After explaining the process and allowing the client to make an informed decision about how THEY want to be represented, isn’t it their choice? I think so.

If my buyer is OK with Dual agency and it’s limitations, fine.It works both ways, and the same for the seller. If my firm wasn’t was against it:: “Mr. Seller, this is what Dual Agency is. Our firm does not believe in it because _______, so we do not practice it. We will market your property, represent you, and make sure any buyers have an agent to represent them exclusively. It won’t be me as the listing agent. Sound good? Sign here.”

An ethics trainer saying it’s unethical not to practice dual agency? Please.

]]> By: Reuben Moore http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/#comment-35199 Reuben Moore Thu, 10 Jul 2008 13:08:49 +0000 http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/1109#comment-35199 Hi Jay - I just took the ethics class last week, and I must say, it was better than I expected. Of course, our instructor, Bill Gallagher, was not as confused about dual agency as Francy's. Hi Jay – I just took the ethics class last week, and I must say, it was better than I expected. Of course, our instructor, Bill Gallagher, was not as confused about dual agency as Francy’s.

]]> By: Jay - The Phoenix Real Estate Guy http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/#comment-35181 Jay - The Phoenix Real Estate Guy Thu, 10 Jul 2008 04:27:06 +0000 http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/1109#comment-35181 Norm - great question. And you pretty much answered it... we'll show the listing, explain dual agency and if the person really wants to submit an offer we discuss a couple of options -- we can refer it out to another brokerage, or another agent within our brokerage. Technically, if an agent in our brokerage handles the other side, that is still dual agency. But that is a far more agreeable scenario than one agent handling both sides. Buyer's and sellers seem to realize the inherent risks in single-agent dual agency. And the truth of the matter is, it doesn't happen very often that a buyer makes a call from a sign, ad or whatever and winds up actually buying that home. Norm – great question. And you pretty much answered it… we’ll show the listing, explain dual agency and if the person really wants to submit an offer we discuss a couple of options — we can refer it out to another brokerage, or another agent within our brokerage.

Technically, if an agent in our brokerage handles the other side, that is still dual agency. But that is a far more agreeable scenario than one agent handling both sides. Buyer’s and sellers seem to realize the inherent risks in single-agent dual agency.

And the truth of the matter is, it doesn’t happen very often that a buyer makes a call from a sign, ad or whatever and winds up actually buying that home.

]]> By: Norm Fisher http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/#comment-35164 Norm Fisher Thu, 10 Jul 2008 01:22:17 +0000 http://www.phoenixrealestateguy.com/trapped-in-code-of-ethics-training/1109#comment-35164 I agree with Charleston. This doesn't sound like an ethics questions to me and it certainly seems reasonable that a broker should have the right to decide how clients of his or her brokerage will be represented. Jay, I'm curious how you guys deal with inquiries on your listings which come directly to the listing agent. Do you tell the buyer that you're happy to show but won't work as a dual agent? I agree with Charleston. This doesn’t sound like an ethics questions to me and it certainly seems reasonable that a broker should have the right to decide how clients of his or her brokerage will be represented.

Jay, I’m curious how you guys deal with inquiries on your listings which come directly to the listing agent. Do you tell the buyer that you’re happy to show but won’t work as a dual agent?

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