While you may be a long or short way off from buying a home here, now would be a good time for a little "learning". I believe it's important for you to know how things work.

For starters, the Listing Agent always represents the seller. The agent has various duties to the seller... including not revealing to buyers any confidential information such as the seller's bottom line, or other information that might let the buyer know the seller's motivations... unless the seller has specifically authorized such disclosure.

One of the most important duties of the Listing Agent to the seller is that the agent must disclose the buyer's top line, if the agent knows it. Innocent chit-chat by the buyer with the Listing Agent can turn against the interests of the buyer.

In negotiations, the Listing Agent advises and represents the seller for the seller's benefit.

On the other hand, a Buyer Agent represents the buyer. And the agent has converse duties to the buyer... including not revealing to sellers any confidential information that might let the seller know the buyer's motivations... unless the buyer has specifically authorized such disclosure. For example, the Buyer Agent can't tell the seller the buyer's top line. And if the Buyer Agent knows the seller's bottom line, the agent must disclose it to the buyer.

A Buyer Agent advises the buyer for the buyer's benefit.

In what I feel is a strange twisting of concepts, it is permissible for an agent to "represent" both seller and buyer... with the written permission of both the parties... as a "dual agent".

In dual agency situations, the agent must not disclose the confidential matters of either party to the other... and can't advise either party to the detriment of the other. If these dual agency restrictions are adhered to, the agent becomes simply a neutral drafter of forms.

Helping the Buyer

As the first agent for Bainbridge Island and the rest of Kitsap County to earn the ABR Accredited Buyer Representative designation, I have years of experience specializing in helping buyers at a high professional level. Advising them for their benefit, researching the market to achieve their goals, negotiating on their behalf... and keeping their confidences.

It's true that I do list homes... by request only. But my policy is not to act as a "dual agent". Instead, if I have a buyer client interested in my listing, I refer the buyer to another agent for any offer and negotiation about that property.

Since I specialize in helping buyers, I usually list only once or twice a year... and the dual agency question has never come up for me!

My explanation above is general and doesn't include everything. For that, there's a short pamphlet called "The Law Of Real Estate Agency" for Washington State. I'd be pleased to eMail a copy to you. Go to my Contact Me page for ways to ask me.

RE/MAX Unlimited | 290 Madison Ave N & 180 Olympic Dr SE | Bainbridge Island WA 98110 | 206.780.6000