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Old 09-17-2007, 12:07 PM
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Default to disclose or not?

I wish the book was more detailed or used more examples.

I have a question im new to real estate

I know that if a buyer (unrepresented) customer tells a listing broker that he will pay full price for the clients house, the broker then must disclose this fact to the selling client because its his fiduciary duty to disclose material facts especially if customer wants to pay full price etc.

But If before the broker gets that chance, before he gets to pick up the phone to tell the client seller, the customer wants buyer representation.

Should the broker tell this fact to seller before dual agency forms are signed?
or tell seller after, or never tell seller?

I think he will have to disclose this fact before he accepts the buyer customer as client.

thanks
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Old 09-17-2007, 05:53 PM
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Default Re: to disclose or not?

i don't see any harm in disclosing. why would the seller have any problem with this arrangement?
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Old 09-17-2007, 06:00 PM
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Default Re: to disclose or not?

The fiducially duty is always to the seller in dual agency at least in my state.
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Old 09-17-2007, 08:50 PM
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Default Re: to disclose or not?

If there is going to be an error, err on the side of disclosure.
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Old 09-19-2007, 09:36 AM
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Default Re: to disclose or not?

I know I must disclose this to my seller but If he wants buyer representation I'm in dual agency and its to late to disclose, in my state its 50/50 in dual..

I would tell my seller before I have buyer sign anything..

But I'm just upset at the book because it says you must put your client interested top priority. (care)

next you must disclose any information from customers to client that will help client get best price. (discloser)

all is well until you get something that you need to tell your client by law.
and by doing so it will make the deal fall apart. (not providing care because you allowed deal to fall apart)

so what on earth do you do.

say a customer said if you tell your client that I am willing to pay full price for the property I am out the door and I will not be buying your clients house.
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Old 09-19-2007, 12:34 PM
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Default Re: to disclose or not?

Explain Dual Agency to your seller at the time you list his/her house. Have them sign the seller end of the agreement right then and there. Now, when you have a buyer, you explain the same thing to them and have them sign their half of the disclosure.
Both parties are signed, all is well with the world.
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Old 09-19-2007, 12:46 PM
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Default Re: to disclose or not?

I'd just get another agent to represent the buyer. Tell them you'll give them 1% (or $1000 or whatever) for negotiating the deal and doing the contract-to-close work.

It's a lot easier, you still get most of the commission, you don't have representation issues and there's no ambiguity as to whom is representing whom. Plus, it's less work for you and somebody in your office would probably appreciate the opportunity to make some quick cash. PLUS, if you're smart, you'll pick an agent who won't screw up the deal ... thus making your life even easier!

That's how we do it. It works out well and you never have your sellers wondering if you sold them out to the other party just to make extra money. The buyer's will also feel the same. It keeps both parties happy, trusting and they'll both be likely to use you in the future. Keep it professional and don't get greedy.
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Old 09-19-2007, 03:02 PM
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Default Re: to disclose or not?

Thanks.. This stuff will probably never happen anyway.
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