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#219387 - 04/13/08 08:07 PM Exclusive Right To Sell
Green Path Offline
Junior Member

Registered: 04/10/08
Posts: 2
Loc: NC
If an agent has one of these listings with a client, but is buying with another agent, can the client also sign that buyers agency with the dual agency option? I understand that the agent who signed the ERTS listing has exclusive representation, but that agent will get payed no matter who sells the house, so wouldn't a dual buyers agency contract only give the seller more opportunity to have his house sold while still not stealing the first agents commission, or does the ERTS mean that NO ONE else can represent him as a dual agent with a buyers agency?

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#219425 - 04/13/08 09:40 PM Re: Exclusive Right To Sell [Re: Green Path]
Perky_REALTOR Global Moderator Offline
Major Contributor

Registered: 11/27/06
Posts: 3886
Loc: Northeast PA
Maybe it's late, maybe I need wine, maybe I am just stupid.

I don't understand what you are asking.

You are saying that:

A consumer has his house listed, Excl. Right to Sell with Agent A.
A consumer has an exclusive buyers agency with Agent B. (why? What's wrong with A? Or if he likes B better, why not list with B?)

What does dual buyers agency (dual buyer agency? what is that?) have to do with selling his house?

Dual Agency is when an agent represents both the seller of a property, and the person who is buying that property.

I'm confused. I thought that by typing it out I'd understand what you're asking. I've never heard of dual buyer's agency - must be a Carolina thang...or at least, it's not something I ever heard of in PA.

What the heck? I don't understand. LOL!!

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#219579 - 04/14/08 11:46 AM Re: Exclusive Right To Sell [Re: Perky_REALTOR]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2216
Loc: CO
 Quote:
I'm confused. I thought that by typing it out I'd understand what you're asking. I've never heard of dual buyer's agency - must be a Carolina thang


Probably is a Carolina thang...
When we had Dual Agency here years ago, if I was a buyers agent and my buyer wanted to buy my listing, the automatic fallback was to be a dual agent.
Today we two other options, Transaction Broker or Designated Broker.

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#219588 - 04/14/08 12:16 PM Re: Exclusive Right To Sell [Re: pikes peak]
Perky_REALTOR Global Moderator Offline
Major Contributor

Registered: 11/27/06
Posts: 3886
Loc: Northeast PA
That's how I understand dual agency to be. The OP has me confused; even if he/she is talking about just dual agency, I don't understand how this:

 Quote:
so wouldn't a dual buyers agency contract only give the seller more opportunity to have his house sold while still not stealing the first agents commission, or does the ERTS mean that NO ONE else can represent him as a dual agent with a buyers agency?


Even today after much coffee, lunch, and breakfast, I still don't get it.

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#219607 - 04/14/08 01:13 PM Re: Exclusive Right To Sell [Re: Perky_REALTOR]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2216
Loc: CO
Agency is difficult for the general public to understand, especially with many states doing their own "thang" (I like that word) with no universal standards.

Green path, look at it this way.
A listing agent represents the seller for an agreed to "$ amount A", the listing agent/broker, offers a co-op fee "$ amount B" to other agents who bring a buyer. So, in the listing agreement, the seller agreed to compensate the listing agent AND provide funds, which are advertised in the MLS, to entice a buyers agent to show the property to their buyer.
Now, if the listing agent also has the buyer, he will get the "$ amount A" plus the "$ amount B", it's called "getting both sides" of the transaction.
If the buyers agent sells his own or incompany listing to his buyer, the same scenario as far as payments occur.
Depending on how a listing agreement was written, some sellers insist on a reduced fee to the agent if the agent gets both sides of the transaction.
It looks like your state has Dual Agency when an agent sells his own/company listing. The broshure in the link below explains the different relationships an agent can have with their customer/client in N. Carolina.

http://www.ncrec.state.nc.us/pdf/brochures/WorkingwAgents-8.5x14.pdf

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#219761 - 04/14/08 09:31 PM Re: Exclusive Right To Sell [Re: pikes peak]
Green Path Offline
Junior Member

Registered: 04/10/08
Posts: 2
Loc: NC
Wow.. thanks pikes. That was a very nicely played description of this topic. I'm not really sure what to think of perkys response. Seems a little unnecessary to respond to a question you don't even understand.

Anyway, number 3 here. Dual buyers agency contract was possibly not the right choice of words, but I was assuming this would be obviuos and I was trying to save myself from making the question even more convoluted than it already was. Which would be pretty difficult. \:\)

http://www.sosrealtyinc.com/files/sf-201.pdf

Anyway, thanks for the response.

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