As Seller's agents, we have the obligation of providing you client level services in a relationship that includes:

·        Loyalty                       

·        Obedience                              

·        Disclosure

·        Confidentiality                                   

·        Accounting

In our Multiple Listing Service only your Listing Agent represents the seller! 

The Selling Agent is assumed to act as either a Buyer's Agent (representing the exclusive interest of the Buyer) or as a Dual Agent (who represents both parties).  In all cases agents have the duty to exercise reasonable skill and care in the performance of their agent duties, a duty of honest and fair dealing and a duty to disclose all facts known to them that materially and adversely affect the consideration to be paid for the property. We have included a copy of the Law of Real Estate Agency for you to see how this works.

One way that dual agency can arise is if our specific Windermere Brokerage Firm [Company] and one of the other agents in our company has or develops an agency relationship with a buyer and shows your home to a buyer who ultimately prepares an offer on your home.  In this situation our company will (in effect) be representing both parties.   In this situation, we will remain your exclusive Listing Agents.

In some cases and with some agents, listing agents can also act as dual agents and represent both buyers and sellers involved in a transaction. This is legal but is a potentially challenging situation because it is difficult to afford both parties full client level services.  Specifically, this means that an agent can take no action that is adverse or detrimental to either party’s interest in a transaction.  In certain situations, dual agents must take on the role of facilitator – not advocate.  We interpret this to mean that there are some situations where – as dual agents – we might have difficulty giving you advice and counsel.

 We believe strongly in our relationships with our clients. We are here to advocate for your interests. Ethically, we do not believe we can represent both parties in a transaction and do our best job for both sides. 

Therefore, if a buyer contacts us with an interest in purchasing your home, we will either:

 1.      Prepare a purchase & sales agreement for the buyer ... but will act as your exclusive agents.  In this situation we will pay for the buyer to have an attorney review documents so that they have representation.

2.      If the buyer specifically wants agent representation, we will refer that buyer to one of a number of agents we have on-going working relationships with.   This allows us to continue to represent your interests while allowing the buyer to have an agent to negotiate with us on the purchase of your home.  

It is important for you recognize that if your individual Listing Agent does write a contract as an individual dual agent for your home sale – the requirement of their Listing Agent duty – to take no action that is adverse or detrimental to either party’s interest in a transaction – may imply that they can give you no advice in certain situations. Specifically, a dual agent cannot give advice to either party that may be adverse or detrimental to the other party.  We believe that this duty may limit our ability to negotiate on your behalf and may limit our ability to act as advocates for you and your interests.

 This apparent conflict causes us to choose make this commitment to you: 

 The legal duties of a Dual Agent make if difficult for us to represent you in the manner that we feel you should be represented.  Therefore, you have our commitment that we will not become a dual agent and limit our 
representation to you, unless a unique circumstance requires you to ask us to play that role for you.