Buzz Mackintosh, “Experience, reliable, leadership” (Mackintosh REALTORS)

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Ambassador
2,073,737
Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

In Florida, we are considered transaction brokers by law, so yes, we can and there are no special disclosures. Florida's transaction brokerage is explained as follows:

A transaction broker provides a limited form of representation that includes the following duties:

1. Dealing honestly and fairly.

2. Accounting for all funds,

3. Using skill, care, and diligence in the transaction;

4. Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer;

5. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing;

6. Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure that the seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than the price submitted in a written offer, or the motivation of any party for selling or buying property, that a seller or buyer will agree to financing terms other than those offered, or of any other information requested by a party to remain confidential; and

7. Any additional duties that are entered into by separate written agreement.

 

Limited representation means that a buyer or seller is not responsible for the acts of the licensee. (note: however they would be in a fiduciary relationship) Additionally, parties are giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to represent one party to the detriment of the other part when acting as a transaction broker to both parties. 

 

 

Jan 18, 2019 02:07 PM
Rainmaker
1,114,132
Nick Vandekar, 610-203-4543
Long & Foster Real Estate Inc 610-225-7400 - Devon, PA
Tredyffrin Easttown Realtor, Philly Main Line

Yes, dual agency is allowed, when disclosed to both parties. Do the dual agents always disclose how it will impact their services, probably not.

Jan 18, 2019 11:45 AM
Rainer
19,137
Mary Grace (Ballew) MacDougall
Keller Williams Columbia - Columbia, SC
Home Buying and Selling in the Columbia Area

As long as the seller and buyer sign an agreement stating that they are ok with it, we can in SC

Jan 18, 2019 11:42 AM
Rainmaker
4,095,786
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Disclosed Dual Agency is allowed in California. 

Jan 18, 2019 11:47 AM
Rainmaker
882,999
Peter Mohylsky. Broker -BRIX REALTY
Miramar Beach, Florida - Santa Rosa Beach, FL
BRIX REALTY -DESTIN

Yes in Florida, I have done it but it is not a fun thing

 

Jan 18, 2019 12:01 PM
Rainmaker
1,897,619
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

Yes in North Dakota Buzz Mackintosh 

Jan 18, 2019 11:48 AM
Rainmaker
6,599,923
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

You have provided the answer for Maryland.

Jan 18, 2019 11:39 AM
Rainmaker
1,228,059
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Yes Dual Agency is ethically performed and legally allowed in San Diego, CA and CA at large. I've done it for 20 years but understand others can't or don't know how so they poo-poo it ignorantly.

Jan 18, 2019 04:17 PM
Rainmaker
5,571,826
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

yes... the state of MA allows dual agency.... the todaro team DOES NOT PARTICIPATE IN THAT TYPE OF LACK OF REPRESENTATION....  you can't be on both sides and say you represented both... if there's an issue, you have a big problem...no thanks....the only reason agents do that is to get the full commission.... we like to co-broke....

Jan 18, 2019 03:01 PM
Rainer
325,772
J.R. Schloemer, CRS
Kentucky Select Properties - Louisville, KY

Dual agency is allowed in KY with disclosure (in writing obviously).

Jan 18, 2019 02:29 PM
Rainmaker
1,707,423
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

We are a transactional state.

Jan 18, 2019 02:11 PM
Rainmaker
4,204,874
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Dual agency is allowed in Illinois and Florida. The approach is different, but the concept is the same.

Jan 18, 2019 02:08 PM
Rainmaker
1,734,926
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

Washington State: Yes.

Jan 18, 2019 01:32 PM
Rainmaker
849,410
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Yes in VA, if seller allows dual agency, and with proper disclosures.

Jan 18, 2019 01:22 PM
Rainmaker
4,038,074
Richard Weeks
Dallas, TX
REALTOR®, Broker

Yes in Texas, as a intermediary not a dual aent.

Jan 18, 2019 01:22 PM
Rainmaker
563,429
Maria Sapio
Keller Williams of Central PA - Carlisle, PA
Real Estate Agent- Carlisle, PA. Mariasapio.com

Yes, disclosed dual agency is permitted.

Jan 18, 2019 12:48 PM
Rainmaker
1,403,764
Raymond E. Camp
Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

Yes with informed and signed consent.

The team concept also has a dual agency with a designated agent for both sides. This also helps them with the coming soon listing.

Jan 18, 2019 12:41 PM
Rainmaker
553,966
Francine Viola
Coldwell Banker Evergreen Olympic Realty, Olympia WA - Olympia, WA
REALTOR®, In Tune with your Real Estate Needs

In Washington State, we can represent both.  Although many sellers do not like this idea, our statutory laws allow it.

Jan 18, 2019 12:38 PM
Rainmaker
1,669,529
Mike Cooper, Broker VA,WV, MD
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

Yes. Buzz, the disclosures are similar in VA.

Jan 18, 2019 12:34 PM
Rainmaker
70,634
Ricardo Mello
Manhattan Miami Real Estate - Manhattan, NY
Manhattan & Miami Real Estate Agent

Unfortunately yes

Jan 18, 2019 12:28 PM
Rainmaker
1,596,586
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

Yes. 

Great answers.

Feb 16, 2019 02:26 PM
Rainmaker
2,062,514
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

Yes.

Feb 16, 2019 02:21 PM
Rainmaker
665,538
Abby Stiller
REMAX Realty Group - Cape Coral, FL
Professional Bilingual Realtor (239) 284-8637

Yes

Jan 18, 2019 05:39 PM
Rainmaker
910,046
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Disclosed Dual Agency is legal in California.

Jan 18, 2019 05:13 PM
Rainmaker
888,247
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

You bet. Agent can get two sides. How many sides they keep is discretionary.

That means the  broker gets two sides also.

The other two sides of this hexagon of a transaction goes to the money people.

Jan 18, 2019 12:21 PM
Rainmaker
5,581,412
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Yes, and it is disclosed up the ying yang.  In commercial real estate transactions, they are real estate attorneys on both sides monitoring, so it is not a big deal whether a buyer is represented by an agent or not.  We had amazingly great real estate attorneys on both sides that knew that the object of the whole thing is not to play games, but to make the deal happen.  And the agents we were blessed to work with were the same way.  A

Jan 18, 2019 12:08 PM
Rainmaker
960,461
Diana Zaccaro Broker Associate
Tropical Beachside brokered by eXp - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES beat me to it! Nothing I can add to her comment...

Jan 18, 2019 10:44 PM
Rainmaker
1,916,255
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

As long as it's disclosed and explained to all parties in the transaction.

Jan 18, 2019 07:56 PM
Rainmaker
1,108,840
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

No comment necessary Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES has Florida covered!

Jan 18, 2019 07:10 PM
Ambassador
4,254,145
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

Sadly, yes.

Jan 18, 2019 05:12 PM
Rainmaker
2,641,042
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Yes however competence is required or problems can surface quickly

Jan 18, 2019 05:05 PM
Rainmaker
1,722,350
Lyn Sims
Schaumburg, IL
Schaumburg Real Estate Agent Retired

Yes, we discussed this a few days ago.

Jan 18, 2019 03:46 PM
Rainmaker
4,111,553
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Yes, but it's disclosed and signed off on the disclosure.

Jan 18, 2019 03:23 PM
Rainmaker
4,935,194
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

We can.   On the listing agreement, there is a radial button if the seller does accept being transactional.  There would need to be a status change form sent to the seller if this does change.

Jan 22, 2019 09:40 AM
Rainmaker
3,985,855
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Yes we can and I do about 60%

Jan 20, 2019 06:07 PM
Rainmaker
821,317
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Yes, in Connecticut it's called Dual Agency, but all parties need to agree in writing.

Jan 20, 2019 04:55 PM
Ambassador
3,038,540
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

yes, buyer can be a customer or agent can be a dual agent and buyer can also be a client.  However in my office we tend to not do dual agency.  Generally the buyer is assigned to another agent and it's "designated" agency.

Jan 20, 2019 11:21 AM
Rainmaker
4,188,045
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Yes we can..it's called Intermediary and both seller and buyer must gie us permission through the listing agreement for the seller and the buyer's agency agreement with a buyer.

Jan 19, 2019 03:37 PM
Rainmaker
542,349
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

Disclosed Dual Agency is permitted in Ohio.

Jan 19, 2019 10:55 AM
Rainmaker
1,386,568
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

In CA: Yes, so long as it's disclosed and all parties agree to it.

Jan 19, 2019 09:19 AM
Ambassador
3,054,304
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Yes.  With Disclosure. 

Jan 19, 2019 08:53 AM
Rainmaker
4,008,996
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Yes in Colorado you can do both sides.

 

Jan 19, 2019 08:53 AM
Rainmaker
4,799,481
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Yes.

Jan 19, 2019 07:23 AM
Rainmaker
3,329,768
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

Yes of course. Mot often when a listing agent and a buyer reaches out without a buyer agent. The buyer signs the agency agreement and i can be a transactional broker. Showing them my listing, writing their offer but doing so without representing the buyer. 

Jan 19, 2019 05:15 AM
Ambassador
5,402,804
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

With disclosure, and other terms.

Jan 18, 2019 11:38 PM