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#393691 - 11/01/11 10:39 PM need help !!!!!Dual representation
Bettyb123 Offline
Junior Member

Registered: 11/01/11
Posts: 1
Loc: Tacoma WA
We are leasing a home and have a Husband and wife realtor team that we hired to list and manage our property. They were much more expensive than any one else but assured us they would get the best rental price for our home. (I know, our 1st mistake). After months of lowering the price they have brought a tenant. reluctantly we signed a one year lease. The tenant moved in today and tonight they sent a form for us to sign. Limited dual representation. Says she represents the tennant and he represents us. This just doesn't seem right. Opinions please!!!

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#393707 - 11/02/11 07:36 AM Re: need help !!!!!Dual representation [Re: Bettyb123]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4726
Loc: Vermont's North-East Kingdom
It's nice that they sent the "form" but it seems a bit late.

I don't know about Washington; but here you don't even need a Real Estate License to be a Rental Agent.

I'd check with the Washington Secretary of State or Real Estate Commission to see if your Rental Agents are required to be licensed, and whether these particular Agents are operating within bounds.

And I wouldn't sign the "form" after the fact. (Did they also suggest that you back date it?) To have any meaning, the they ought to have advised you of their dual agency status, and potential for a conflict of interest BEFORE allowing you to sign a binding contract (the lease). That would have given you the option to secure other representation or consult an Attorney.

From appearances, it seems they're now just trying to cover their rear ends . . . . but if your chronology is correct, it's too late now !
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#393717 - 11/02/11 10:47 AM Re: need help !!!!!Dual representation [Re: Bettyb123]
shana Offline
Major Contributor

Registered: 11/06/07
Posts: 1602
Loc: Nevada
what written authorization did you initially give the agents to lease your home? Is there any mention of agency representation in that authorization?

the lease is now executed. It's done. email the agents and ask them what they recommend you do with respect to the form. make sure they respond in writing (email). It would not benefit you to sign anything at this point. but it would be interesting to see how the agents respond to your email.

let us know what their response is.


no legal advice


Edited by shana (11/02/11 10:56 AM)

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#393726 - 11/02/11 11:44 AM Re: need help !!!!!Dual representation [Re: Bettyb123]
DueDiligence Online   content
Veteran Member

Registered: 12/05/06
Posts: 1265
Loc: Wild Wild West
The key here is "...list and manage".

You engaged these brokers to perform property management for you, correct? So, you had some form of property management agreement. I guess that's where "They were much more expensive than anyone else..." comes in, right? If that's true, then they represent you, the owner, and no one else in that aspect of your relationship. All their agency "duties" are to you.

But, you also say you hired them to "list" your property. Do you mean that the property is also for sale currently? If that's true, and there's a possibility that the tenant they secured for you wants to buy the property at some point, OR you're currently involved in a lease-purchase with the tenant, or the tenant has notified the brokers that they would like to buy the property, that's where a dual agency agreement would come in. Regarding the SALE of the property to this particular tenant.

Please tell us if you have a property management agreement OR only a listing agreement, or both.

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