If your state banned dual agency outright, would that help you or hurt you?
I've been reading disclosure forms for about four months now, mostly because I'm looking at raw land and there are maybe six agents in the two counties I care about. A couple of them hold both the listings I keep circling back to. Which means if I ever move, the person writing my offer may well be the person who took the listing.
A few states already ban dual agency, some allow it only with written consent, and a few let brokerages substitute designated agency where two agents in the same office each take a side. It varies by state and you have to check your own rules, which I'm still doing.
The case for banning it seems clear enough. One person can't argue price for both sides. The commission gets bigger the more sides they hold, so the incentive points somewhere I don't love.
The case against banning it is the one I keep running into in a thin market. If dual agency were illegal here, either the listing agent has to send me away and I go unrepresented, or I import somebody from ninety minutes out who has never seen a septic perc test in this soil. Neither of those obviously leaves me better off. The person who knows the parcel and the person who is conflicted are the same person.
So I genuinely don't know what I want the law to be. Curious where the room lands.
What should your state's rule on dual agency be?
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