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Scott and Kristie McDonald
Portland Real Estate
Home Search Contact Us Made in Oregon

Double-Ending a Sale- Is it ethical?

Posted by McDonald Group Realtors on November 16, 2008 at 1:21 PM

Every now and then we run across a home buyer that is interested in one of our listings, is not currently working with a specific Realtor and states that they will only write offers through the listing agent.  Most of these buyers are under the impression that if they write the offer through the listing agent that they will get a better price because they believe the agent will negotiate their commissions lower giving the seller more room to negotiate.   

We wanted to take a few minutes to clarify that although some listing agents may reduce their commissions if they “double end” a transaction this is not true for all. AND even more importantly a buyer should consider that when it comes time to negotiate, especially during the inspection period regarding home repairs, that the buyer (or seller) could be at a disadvantage.  I think it’s also important to note that in some states an agent representing both sides is illegal.  “Double ending a deal” as we refer to it, is controversial among agents as well.   Although most agents are ethical, double-ending a deal can put even the most ethical of agents in a tough situation. 

FOR FURTHER THOUGHT:

  1. Is an agent double-ending the deal going to really push to get you the best deal? After all they are representing both you AND the seller. Often an agent will not perform up to their potential in a double end situation as they will instead err on the side of caution being careful not to create a problem representing both sides.
  2. Is the agent going to notice and ask for all the inspections that may be needed for the home you are purchasing? (radon perhaps? sewer scope?)… if they tell the buyer to test/ inspect for something and “something” is found, now as the listing agent (since they are aware of it) MUST disclose those ”somethings” to any other interested parties.  It may be that an agent representing both sides isn’t going to go that extra step for the buyer unless the buyer specifically requests it… staying neutral.

Many listing agents will refer a buyer to another agent to avoid any complications, and in some cases (depending on the seller and buyer) representing both parties may be a simple transaction with a pre-stated “we won’t negotiate, take it or leave it” client, making a double-ended transaction easier to manage but let’s consider the bottom-line..  

BOTTOM LINE: find an agent you trust and know to be ethical and stick with them; an agent is going to fight harder for you when they know you, your family and your goals. If you jump from home tour to home tour without an agent on your side, you are doing yourself a dis-service and may not be getting the objective professional advice you should be getting and in the long run may actually cost you more.  A strong sense of trust & loyalty between you and your agent is the shortest route to home~!     

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