A couple of years ago, I listed a house for my neighbors. Nice, nice people who had lived in Algiers for decades, raising a family, including their daughters who were friends with my husband growing up. A lot of history was involved in their choice of me as their agent.
After it had been on the market for awhile, a friend of mine decided to take a look and ultimately choose to put an offer in on the house that ended up being accepted. That’s when things got a little uncomfortable. Not for the seller or the buyer, but for me as a dual agent.
You see, in Louisiana, it’s perfectly legal for one agent to represent both the buyer and the seller in the same home sale. As long as it is disclosed and agreed to in writing by both the buyer and the seller, and the list above is adhered to, there shouldn’t be any issues.
Except there are.
According the Louisiana Real Estate Commission, one of the duties that an agent owes to a client is to promote their best interests.
On this particular home, by the time we were finished negotiating repairs and closing cost assistance and dealing with multiple mortgage company delays, I felt like I had been reduced to a middle man. Not truly able to promote anyone’s best interests, which is what I was retained to do. Don’t get me wrong…in the end everyone was happy. The sellers were able to move closer to their family, the buyer got the home they wanted at the price they could afford and I got a wonderful new neighbor.
What I also got was a change in how I conduct my business.
I didn’t ever want to be in that position of feeling like a mediator again. I certainly did not want to feel like I could not effectively advocate for a client’s best interests without fearing that it could be perceived as being at the expense of another’s.
I decided that I would no longer practice dual agency. Not because I can’t do it, but because I don’t want to do it.
If you call me about buying a house, don’t be offended if I refer you to a fantastic buyer agent to assist with your home purchase. It’s not because I don’t want to work with you, it’s because I want you to have a REALTOR who works only for you.
p.s. If you are interviewing agents to help you buy a home, a good question to ask is if they are willing to represent you exclusively and not be a dual agent.
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