
There are very few real estate agencies
that will represent ONLY your interests. If a real
estate agency offers both buyer brokerage and lists
property,
chances
are that their agreement includes language about either party consenting
to "dual
agency" or "designated agency".
- "Dual Agency" is another term for reduced
service and representation, where neither party gets full representation, while "your" real
estate agency gets paid on both the selling and buying "sides" of your
sale.
(If law firms practiced "Dual Agency", then the same firm would represent
opposing sides in a transaction, which is considered unethical by the
legal community.
Why should real estate be any different?)
- "Designated Agency" is a form of "Dual Agency".
- Real estate offices that represent both Buyers
and Sellers in the same transaction have a conflict
of
interest when their buyers purchase from
their sellers
under "dual
agency" or "designated agency". If anything goes wrong in the transaction
and the office manager or Broker becomes involved, it would be hard for
either party
to get objective, unbiased advice when both "sides" of the commission
are at stake.
- In some cases, if you list with an office that practices "dual agency" or "designated
agency", it is possible that your agent could be the only agent in the office
representing your interests. All of the other agents could be representing
their
own buyers when negotiating for your property.
- ALL Realtor MLS (Multiple Listing Service) participants are required
to enter their listings into Multiple Listing for other participants
to share within
one business day of taking the listing. Therefore, small and large offices
all have
the same marketing power with other agents, if they choose to use it.
- Some agencies choose to cooperate fully with all other agencies that
might have buyers for your property, while others choose not to cooperate
fully
with all
other agencies.
- The success of your transaction depends primarily on the experience
and integrity of the Agent that you choose to represent you and your
agent's
willingness
to make sure that you get complete exposure to the open market to
get you the best
price for your property.
- The ONLY way to know that you've put the most money possible in
your pocket from the sale is to be sure that your real estate agent
is not
going to dilute
your
interests by representing someone else in the same transaction
or, in the case of property for development or investment, sell
your property
to one
of their
repeat buyers.
(If we already have a buyer-client for your property, we will
not list it! We will ONLY represent the buyer-client. If we list your
property, we will ONLY represent you!)
- There are only two types of real estate offices
that can guarantee that you will not have a conflict
of interest when you sell your
property. The first
is an
office that ONLY lists property and does not represent buyers.
The second
is an office that practices "single agency" and will not "represent" both
a buyer and seller in the same transaction.
(If a "single agency" office lists a property,
they represent ONLY the seller's interest. In that case, a
buyer would represent herself or work with a buyer's agent
from another
office.)
- To complicate things further, if an agent other
than your agent brings you a buyer that is working
with them as a customer,
YOU and you
agent are legally
responsible for whatever that agent says on your behalf under
the "vicarious
liability" provision in Massachusetts, however, "vicarious
liability" does
not apply to buyer's agents.
- Most Realtors send automated emails with new listings to
their buyers daily, therefore, cooperative marketing agreements
between Realtors are
essential
to getting you the most exposure for your property.
- Real estate is no longer local. The majority of buyers
turn to the Internet for real estate listings even before
they look in the local papers. Therefore,
comprehensive
coverage on key real estate sites is critical to properly
marketing your property in the Internet age.
- Listing your property on an agent's local web site typically
won't increase your chances of selling the property,
unless their site ranks very high
with the search
engines, but the proper use of the Internet for your
listing will. (We'd be happy to explain the details about
this personally.)
- Getting the most exposure in the right media will
result in the highest price for your home. In the
end, it
all comes down to your agent's and
agency's
competence, integrity, professionalism, and experience.
Marketing trends and real estate laws change often,
however, most people don't sell real estate very often.
Therefore, we believe that there is no such thing as
a silly question when it comes to selling your home.
Feel free to contact
us if you have any questions about real estate,
no matter how big or how small. |