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#262156 - 11/30/08 04:17 PM Dual Agency Dodging
onceburned Offline
Junior Member

Registered: 11/30/08
Posts: 2
Loc: Sunshine Coast, Canada
First time user with a question of ethics...

On my last purchase I moved provinces. As I couldn't use the agent that was selling my property to find our new home, I contacted the listing agent on the property we were interested in. Being relatively new to real estate,I trusted her to guide us through the process.

As we were looking at a property on a remote island, I believed her when she said it would cost thousands of dollars to have an inspection done and was "not worth it since EVERYTHING as far as plumbing and electrical was recently redone and upgraded, and the entire foundation of the building has been replaced." These were just a few of the lies we would find out about later. Long story short, more than $100,000 later we've completely upgraded everything to a point where we feel it is safe and livable, but we now hate it here and want to leave.

We're wanting to look for a new property on a different remote island, again a few hours away from where we are, but to protect ourselves this time we would like to have our own real estate agent working in OUR best interest. However, again this is a remote island and the listing agent is the only one who really works on that island.

Ethically, if she tours us around the island to look at all the properties, when we decided we want to write a deal is it okay for us to bring in a different agent?

If not, any suggestions as to how we can avoid limited dual agency as, in the past, it almost completely destroyed us?

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#262165 - 11/30/08 05:19 PM Re: Dual Agency Dodging [Re: onceburned]
Vermont Offline
Veteran Member

Registered: 04/12/08
Posts: 1062
Loc: Glover, Vermont
Our Canadian Friends will have their own suggestion.

Mine is that you select someone to represent you BEFORE you go selecting the property, not AFTER.

Have your Agent along from the beginning so that they can establish Procuring Cause and not have to fight for the Commission that they are going to earn.
_________________________
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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#262186 - 11/30/08 07:55 PM Re: Dual Agency Dodging [Re: Vermont]
onceburned Offline
Junior Member

Registered: 11/30/08
Posts: 2
Loc: Sunshine Coast, Canada
Thank you for the quick reply!

Yes, that does make sense, and I would totally be on board with that except for one small thing - the island itself has no car ferry, so as the only listing agent on the island, she is also the only one who has a car there.

The island is quite large and there are about four properties to view, all in very different parts, so a vehicle is a must have. We don't know anyone there and there is no taxi service available, so it would be a bit tricky for another real estate agent to come in.

But, if the best way is definitely to get someone to represent us before we even look at the properties, perhaps we should start calling neighbouring islands to find someone willing to show us these homes. Unless anyone has any other suggestions?

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#262204 - 11/30/08 10:32 PM Re: Dual Agency Dodging [Re: onceburned]
LaceyF Offline
Member

Registered: 01/16/08
Posts: 306
Loc: CA
Take the ferry and rent a car? bike? rickshaw? dogsled?

I agree with Vermont 100%- find your agent first.

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#262222 - 12/01/08 12:32 AM Re: Dual Agency Dodging [Re: LaceyF]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 5508
Loc: georgia
You never know you might just like another island better and then you won't have to deal with that broker/agent.

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#262267 - 12/01/08 09:13 AM Re: Dual Agency Dodging [Re: super realtor]
REODayton Global Moderator Offline
Major Contributor

Registered: 07/27/06
Posts: 1705
Loc: Dayton Ohio
Find your own agent first and explain it to your agent. I'm sure theycan work some kind of deal with an agent on the other island to get you to the showings.

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#262350 - 12/01/08 02:22 PM Re: Dual Agency Dodging [Re: REODayton]
100kRECoach Offline
Junior Member

Registered: 11/29/08
Posts: 9
Loc: Atlanta, Ga
Ditto, Ditto, Ditto. Based on the initial information you've received from this listing agent, you need your own representation. Where there's a will there's a way. This decision is too important to go alone. And trust me, using this listing agent is going alone. Good luck.
_________________________


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#265147 - 12/17/08 01:04 PM Re: Dual Agency Dodging [Re: 100kRECoach]
RC21 Offline
Member

Registered: 12/16/08
Posts: 21
Loc: Kitchener, Waterloo, and Cambr...
It is unethical for an agent to provide you with false information. Home inspections do not usually costs thousands of dollars and they are recommended for any home purchase. You can usually get a good one for under $500.
As the others above have suggested you should find yourself an agent BEFORE you begin looking again that is working in your best interest. If you sign an agency agreement contract with an agent and begin viewing properties, you cannot simply decide to use another one when you want to make an offer on a property without complications.
Just because the agent doesn't work primarily on the island doesn't mean they can't work for you there. It just means that they may not be a specialist on the area (so may not be able to provide you with the most up-to-date or accurate area information). That being said, there is no reason why they cannot do some leg work to help you come up with a reasonable price to offer and find out the necessary information.
The lack of transportation on the island can make this difficult- my best suggestion is to contact an agent in the nearby area and discuss the options that exist. Perhaps they know someone on the island and can provide you with an alternative. It's definitely worth asking!
Whether or not you have a contract with an agent- under their real estate licensing in Canada they owe you certain responsibilities. They cannot make any misrepresentations on a property. They must be fair and ethical in their practice, and they must take care in answering any inquiries in a complete and accurate manner. If you believe the agent willfully misled you, you should contact the Canadian Real Estate Association (CREA)and voice a complaint.
I would definitely suggest that you DO a home inspection next time, and make sure your agent includes a clause in your offer to protect yourself for anything that concerns you.
Decide on qualities that you want your agent to have and the services that you want them to provide to you. Interview potential agents, and get a commitment in writing to any agreed services. Keep detailed copies of all communication, just in case.
Good luck, and hope your next purchase goes much easier!

- Rebecca Sargent
Sales Representative, Century 21 Home Realty Inc.
Serving Kitchener, Waterloo, and Cambridge in Ontario, Canada
Check out my real estate blog at: www.century21.ca/Rebecca/Sargent


Edited by RC21 (12/17/08 01:10 PM)

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