The perils of "Dual Agency" by the NY DOS

Actually, if you sign in without listing a broker, that's NOT dual agency, that's direct representation.

The issue outlined in counsel's memo is if you are already working with an agent of ABC Group, and you sign in at an open house listed by another agent of ABC Group.

If you are working without an agent, it behooves you to sign in as simply "agent to be named later" or somesuch, but if you don't, don't get scared. YOU ARE NOT giving up any rights to later buyer representation.

Nobody likes the way these forms came out, but they are really not intended to hoodwink buyers.

The paperwork exception is if you visit a new condo development, where they very often require you to bring your agent to the second and subsequent visits, and to sign forms stating that you understand that.

But that's been the case for several years.

And we are off to the movies.

Have a good weekend, all.

ali r.
DG Neary Realty

How is that direct representation if the broker is the exclusive agent of the seller? They also had language on the sign in sheet that stated "If you sign in without listing a broker, it is understood you are being represented by us". The buyers decided they wanted their own representation, the listing broker referred them to the sign in sheet....and said no, we wont recognize your broker.

Just to be clear Ali, I am speaking about the listing shown at the open house.

On another note, I feel that a buyer has the right to choose their own broker at any time during the sales process.

I stand by that myself, all of my clients are advised that they can remove me from any deal at any time right up to signing the contract with out any issue from me. To date it has not happened though (:

Why would you care? You've whored your services out for peanuts. Easy come, easy go right?