Tag Archives: Agency

Real Estate (Dual) Agency in Virginia – Now Updated with a little Reason

HB1907 is law . ( this is me discussing the bill a few months ago ) From the General Assembly’s site (pdf): (boldings are mine) “Dual agent” or “dual representative” means a licensee who has a brokerage relationship with both seller and buyer, or both landlord and tenant, in the same real estate transaction

…That following the commencement of dual standard agency, the licensee will be unable to advise either party as to the terms, offers or counteroffers ; however, under the limited circumstances specified in subsection C, the licensee may have previously discussed such terms with one party prior to the commencement of dual standard agency ; 2. That the licensee cannot advise a buyer client as to the suitability of the property, its condition (other than to make any disclosures as required by law of any licensee representing a seller), and cannot advise either party as to repairs of the property to make or request; 3. … Such disclosures shall not be deemed to comply with the requirements set out in this section if (i) not signed by the client or (ii) given in a purchase agreement, lease or any other document related to a transaction Translated : 1 – The agent can’t tell you about price, terms, etc, but may have already (and probably has) advised the opposing party 2 – The agent can’t tell you anything about the property that’s useful or isn’t something you don’t already know. Continue reading

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A Bill to Protect Consumers: Specifically Single Agent Dual Agency

Such written consent and disclosure of the brokerage relationship as required by this article shall be presumed to have been given as against any client who signs a disclosure as provided in this section. (i) shall be writing and (ii) may be given to either party at the time prior to the commencement of dual representation. … That following the commencement of dual representation, the licensee will be unable to advise either party as to the terms, offers or counteroffers; however, the licensee may have previously advised one party as to terms prior to the commencement of dual representation; 2. That the licensee cannot advise the buyer client as to the suitability of the property, its condition (other than to make any disclosures as required by law of any licensee representing a seller), and cannot advise either party as to repairs of the property to make or request; 3. … Such disclosures shall not be deemed to comply with the requirements set out in this section if (i) not signed by the client or (ii) given in a purchase agreement, lease or any other document related to a transaction. Continue reading

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Blog Wayback – Why Use a Realtor – Decoding NAR-Speak

In many markets across the country, over 50% of real estate sales are cooperative sales ; that is, a real estate agent other than yours brings in the buyer. … Your Realtor will generally prescreen and accompany qualified prospects through your property. a – I want to see that study. b – Allowing strangers into your home is the whole point of the MLS and lockbox system we use! Continue reading

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Single Agent Dual Agency – Do Consumers Care?

Do consumers care about Single Agent Dual Agency?

Maybe.

The Code of Virginia states:

A. A licensee may act as a dual representative only with the written consent of all clients to the transaction. Such written consent and disclosure of the brokerage relationship as required by this article shall be presumed to have been given as against any client who signs a disclosure as provided in this section.

I got into quite a discussion with Ardell in Seattle on Twitter regarding whether consumers care about agency.

My belief is this – if the National Association of Realtors – or … Continue reading…

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Thoughts on Dual Agency

Moving forward …

Question everything. … Continue reading…

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Stay Tuned

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A Cautionary Tale – Yet another Due Diligence Question for Buyers, Sellers and Realtors

( ed. note : one of my more favorite questions of late is, “tell me about one of your dissatisfied clients, and why they were so dissatisfied”) We’ve never seen a lender hauled before a panel of their peers on ethics charges (as happens in the Realtor community) though there’s certainly been ample cause. … There are a lot of good lenders who can get deals closed in this lending environment and will tell you if it’s not going to work. Continue reading

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Charlottesville Earthcraft Homes tour – and a brief riff on “is blogging advertising?”

EarthCraft standards and options are factored into every aspect of home building – site planning, building orientation, low-impact construction techniques and materials, energy efficiency – for a constant effort to lower the environmental impact of building an EarthCraft home and lower the energy costs and water usage for its future occupants. … … After a long conversation yesterday with an attorney, about real estate blogs and the perception by the Vir ginia Real Estate Board that any writing that could “induce business” is considered “advertising” … here is my disclosure .

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