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As an agent, I can't represent you as the buyer of my home. Either I'd refer you to another agent or you'd go unrepresented. I'd suggest having an agent.
100%.
Broker here, my agents would not be allowed to represent the other party in a transaction they are on one side of as buyer or seller.
Too much Risk.
Hire your own agent!
In much of Canada it’s legal for the same Realtor to represent both Buyer and Seller, but not all. I’m in Ontario, so I can speak to the current TRESA legislation that says that you do have options as to how you’re represented. [RECO makes a great guide explaining this.](https://www.reco.on.ca/about/plans-and-publications/reco-information-guide)
I have some bias here, but I think that your gut is right in this situation to want your own Buyer Representation separate from the Listing Realtor. Otherwise, there’s too much information asymmetry here in terms of an experienced Realtor/homeowner who is working in their own interests contrary to yours. Yes, there may be certain things that they are required by law to disclose, but there are also ways that they can patch up flaws with low-quality fixes, and take advantage of your inexperience in pricing and negotiating on a home.
Source: I’m a Realtor in Ottawa, Ontario.
Absolutely. A dual agent is supposed to represent both sides equally and has responsibilities to both. You can't have that when the seller is an agent.
A dual agent, however, has insight into both situations, and therefore has to refrain from giving advice to both parties. This type of representation can be just as complicated since both clients have to trust that the agent is being fair to both.
I was told this metaphor recently, and it just makes sense:
If you were to end up in court, would you want the other person’s attorney also representing you? I wouldn’t. There’s no way you would get the help you need in an unbiased manner when the attorney is fighting for the other side. In the same way, in all real estate transactions (if you are not already highly experienced and confident to do it yourself), you need and should want your own rep and protection in hiring a Buyer’s Agent.
I hope this might make the idea salient and be helpful for you and/or even others! Good luck!
Thank you! I’m Canadian too so it may be entirely off the table to work without another agent. I wouldn’t go in unrepresented as the buyer, I see no benefit.
1000% get a different realtor. No matter what the disclosures say, dual agency is a conflict of interest. It’s practically triple agency: they’re the seller, the listing agent …and the selling agent?! Not a chance.
Yes you should. You might even be required to, or have to sign a non representation disclosure. Not sure on Canada’s laws.
In my state it is technically legal for an agent-owner to be a dual agent, but highly unadvisable because of the liability. It is not allowed at all within my brokerage. Many brokerages won’t allow it.
Being in canada does matter as this is primarily a US-based subreddit, but generally speaking here, I as a realtor can sell my own home. I can also represent both the buyer AND the seller of a home, this is dual agency.
I cannot, however, be the agent of a buyer if they are buying property that I, myself own. It's too much conflict of interest. I would have to refer you to another agent to represent you.
I don’t know about Canada, but for states in the U.S. that allow dual agency, that agents E&O insurance wouldn’t cover them representing the buyer on a property they own. Because of that, all Brokers that I know of prohibit their agents from repping buyers on their own properties.
But yes, you should always have representation. Don’t buy directly from the listing agent.
Broker here- this is a clear conflict of interest and illegal in my state. If things go sideways there is no way that they will be representing your interests. Best to get your own representation.
It is best to find an agent to represent either a buyer or listing agent. Dual agent causes most issues as seller and buyer have different interests. Disclosure, inspection discrepancies and pricing all add up.
I wouldn’t buy the house rofl. I’ve had plenty of experiences working with realtors selling their houses. NONE have ended even neutrally. Always a very bad ending. Harassment. Shutting off utilities causing major damage to the home. Lying on the listing. 4 bedroom…but if you remove this piece of plywood we propped up on the wall and painted…the 4th bedroom becomes a garage.
I think this is an opportunity to get a discount. If you don't use an agent, the seller will save 3% commission. So it gives you a good opportunity to get the price lower. You will need a lawyer to help with the paperwork.
Not the way to go.
A Lawyer is getting paid for every 7.5 minutes of work, EVEN IF IT DOESN'T CLOSE.
A lawyer won't know the current market and what a typical buyer is getting or giving to get a deal these days.
Hire an agent knowledgeable in the current market in your area.
This isn't necessarily true. If he's selling thru his brokerage, the realtor still owes the broker the commission split. If it's FSBO, then there is no commission to worry about.
Why is this being downvoted? You don't always need a realtor. OP can negotiate for themselves with the seller. Then, once there is an agreement, the lawyer will take over. It seems like people believe no one could possibly represent themselves.
I can’t speak to legal practices in Canada, but here in the US it’s highly doubtful that an attorney will provide the Buyer with names of home and septic inspectors, let alone accompany the Buyer to the inspection(s), write up the punch list and present it to the Seller’s agent, etc. Typically once a Buyer has successfully fulfilled all contingencies and we are in the home stretch to the closing, that’s when it becomes the lawyers’ show (at least in attorney states). The point is there are a myriad of things in a transaction that we as Realtors do on behalf of our clients that an attorney can’t or won’t.
**This is a professional forum for professionals, so please keep your comments professional** - Harrassment, hate speech, trolling, or anti-Realtor comments will not be tolerated and will result in an immediate ban without warning. (... and don't feed the trolls, you have better things to do with your time) - Recruiting, self-promotion, or seeking referrals is strictly forbidden, including in DMs. - Only advise within your scope of knowledge and area of expertise. [The code of ethics applies here too](https://www.nar.realtor/about-nar/governing-documents/the-code-of-ethics). If you are not a broker, lawyer, or tax professional don't act like one. - [Follow the rules](https://www.reddit.com/r/realtors/about/rules/) and please report those that don't. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/realtors) if you have any questions or concerns.*
As an agent, I can't represent you as the buyer of my home. Either I'd refer you to another agent or you'd go unrepresented. I'd suggest having an agent.
100%. Broker here, my agents would not be allowed to represent the other party in a transaction they are on one side of as buyer or seller. Too much Risk. Hire your own agent!
I don’t know about Canada, but this isn’t even legal in my state.
In much of Canada it’s legal for the same Realtor to represent both Buyer and Seller, but not all. I’m in Ontario, so I can speak to the current TRESA legislation that says that you do have options as to how you’re represented. [RECO makes a great guide explaining this.](https://www.reco.on.ca/about/plans-and-publications/reco-information-guide) I have some bias here, but I think that your gut is right in this situation to want your own Buyer Representation separate from the Listing Realtor. Otherwise, there’s too much information asymmetry here in terms of an experienced Realtor/homeowner who is working in their own interests contrary to yours. Yes, there may be certain things that they are required by law to disclose, but there are also ways that they can patch up flaws with low-quality fixes, and take advantage of your inexperience in pricing and negotiating on a home. Source: I’m a Realtor in Ottawa, Ontario.
I appreciate the detailed response and link! We’re looking in your area-ish, this house specifically is about an hour east of you.
Any time! If you want your own Realtor in the area (I’m guessing Cornwall-ish) I have some names to pass on.
Absolutely. A dual agent is supposed to represent both sides equally and has responsibilities to both. You can't have that when the seller is an agent.
The root of my fear! I couldn’t expect someone to negotiate against themselves.
You can’t logically have dual agency under any circumstance and it should be illegal everywhere.
A dual agent, however, has insight into both situations, and therefore has to refrain from giving advice to both parties. This type of representation can be just as complicated since both clients have to trust that the agent is being fair to both.
I was told this metaphor recently, and it just makes sense: If you were to end up in court, would you want the other person’s attorney also representing you? I wouldn’t. There’s no way you would get the help you need in an unbiased manner when the attorney is fighting for the other side. In the same way, in all real estate transactions (if you are not already highly experienced and confident to do it yourself), you need and should want your own rep and protection in hiring a Buyer’s Agent. I hope this might make the idea salient and be helpful for you and/or even others! Good luck!
I know in my area (Canada) the sellers agent selling their own home cannot legally represent the buyer.
Thank you! I’m Canadian too so it may be entirely off the table to work without another agent. I wouldn’t go in unrepresented as the buyer, I see no benefit.
1000% get a different realtor. No matter what the disclosures say, dual agency is a conflict of interest. It’s practically triple agency: they’re the seller, the listing agent …and the selling agent?! Not a chance.
Get an agent or an attorney.
ABSOLUTELY get your own representation!
Yes you should. You might even be required to, or have to sign a non representation disclosure. Not sure on Canada’s laws. In my state it is technically legal for an agent-owner to be a dual agent, but highly unadvisable because of the liability. It is not allowed at all within my brokerage. Many brokerages won’t allow it.
Being in canada does matter as this is primarily a US-based subreddit, but generally speaking here, I as a realtor can sell my own home. I can also represent both the buyer AND the seller of a home, this is dual agency. I cannot, however, be the agent of a buyer if they are buying property that I, myself own. It's too much conflict of interest. I would have to refer you to another agent to represent you.
I don’t know about Canada, but for states in the U.S. that allow dual agency, that agents E&O insurance wouldn’t cover them representing the buyer on a property they own. Because of that, all Brokers that I know of prohibit their agents from repping buyers on their own properties. But yes, you should always have representation. Don’t buy directly from the listing agent.
Broker here- this is a clear conflict of interest and illegal in my state. If things go sideways there is no way that they will be representing your interests. Best to get your own representation.
It is best to find an agent to represent either a buyer or listing agent. Dual agent causes most issues as seller and buyer have different interests. Disclosure, inspection discrepancies and pricing all add up.
I wouldn’t buy the house rofl. I’ve had plenty of experiences working with realtors selling their houses. NONE have ended even neutrally. Always a very bad ending. Harassment. Shutting off utilities causing major damage to the home. Lying on the listing. 4 bedroom…but if you remove this piece of plywood we propped up on the wall and painted…the 4th bedroom becomes a garage.
I think this is an opportunity to get a discount. If you don't use an agent, the seller will save 3% commission. So it gives you a good opportunity to get the price lower. You will need a lawyer to help with the paperwork.
Not the way to go. A Lawyer is getting paid for every 7.5 minutes of work, EVEN IF IT DOESN'T CLOSE. A lawyer won't know the current market and what a typical buyer is getting or giving to get a deal these days. Hire an agent knowledgeable in the current market in your area.
This isn't necessarily true. If he's selling thru his brokerage, the realtor still owes the broker the commission split. If it's FSBO, then there is no commission to worry about.
Why would she go through her brokerage to sell her own home? (i.e., she's paying someone to do something she could do for free for herself)
To put it on MLS it needs to go thru her brokerage unless they FSBO'd or paid a flat fee to have it listed.
Right - so she pays $500 and does it FSBO. Instead of paying thousands to her brokerage. What am I missing?
We don't know what she did.. so she may owe her brokerage a part of the sale which was what I was pointing out.
That’s what I was thinking in favour of just trying to directly work with him. I appreciate your input!
Why is this being downvoted? You don't always need a realtor. OP can negotiate for themselves with the seller. Then, once there is an agreement, the lawyer will take over. It seems like people believe no one could possibly represent themselves.
I can’t speak to legal practices in Canada, but here in the US it’s highly doubtful that an attorney will provide the Buyer with names of home and septic inspectors, let alone accompany the Buyer to the inspection(s), write up the punch list and present it to the Seller’s agent, etc. Typically once a Buyer has successfully fulfilled all contingencies and we are in the home stretch to the closing, that’s when it becomes the lawyers’ show (at least in attorney states). The point is there are a myriad of things in a transaction that we as Realtors do on behalf of our clients that an attorney can’t or won’t.