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Legally speaking, a dual agent is a real estate broker, or agents working for the same broker, who act on behalf of both the seller and the buyer in a transaction. A broker is permitted to act as a dual agent in California only if the buyer and seller are both aware of and consent to the dual agency.
There are no regulations or laws stating that buyers cannot use more than one agent or realtor; however, realtors have a code of ethics they follow, and they cannot interfere with another agent's sales.
The Realtor Code of Ethics states that agents must disclose offers on the property to any other broker seeking cooperation. Realtors cannot lie to or hide information from another broker who is requesting information in an attempt to cooperate on the sale.
Dual agency is illegal in eight states: Alaska, Colorado, Florida, Kansas, Maryland, Oklahoma, Texas and Vermont. The other states have different laws governing the disclosure of dual agency and the behavior of dual agents.
A. Yes, under the Real Estate Law, a broker-associate can work in the capacity of a salesperson for another responsible broker(s) and also work as an independent broker.
Cooperating Brokerage: Co-Brokes are exclusive listings that are shared by the listing agency with other brokers to show and sell. The listing agent works with cooperating brokers to help him or her sell the property to the cooperating broker's customers.
Designated agency is essentially a form of dual agency in which two agents come from the same brokerage. That's because agents are required to be licensed with a broker and the legal relationship is between the buyer or seller and the brokerage, according to a spokesman for the National Association of Realtors.
To protect your finances and ensure you are selling or buying at the best possible price, it is probably best to avoid dual agency. Buyers or sellers may be inclined to work with a dual agent because they want to obtain confidential information about the person buying or selling the home.
With dual agency, the Realtor takes on the role of buyer's agent and seller's agent simultaneously in a specific transaction. A home is for sale. The Realtor offers to sell the house for the owner while also representing a buyer interested in the property.
Since the forms are often packed with jargon and legalese, that's no easy feat. States where dual agency is currently illegal: Alaska.