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Dual Agency Language in Listing Agreement

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  • Dual Agency Language in Listing Agreement

    Hello, I received the agreement and am eager to sign it, but I'm unclear on why this agent is acting as a "dual agent," as outlined in the agreement. Based on the definition included in the contract, this means that he would act as agent to both parties, whereas I know the whole point of Hauseit is to allow other agents to bring interested buyers. Can you explain why my agent would be classified as such?

    Thanks, Alessio

  • #2
    Hi Alessio, thank you for your interesting question and for being a valued customer!

    Please note that the NY State Agency Disclosure Form that is included with the listing agreement is not a contract, but rather a state mandated disclosure form which explains common relationships between agents and customers.

    You are not required to sign it, but brokers are required to at least present the form to you.

    A listing broker can only be a dual agent and represent both the buyer and the seller if both parties agree to informed consent in writing. This form does not in any way prevent buyer’s agents from representing their own clients.

    This means that you do not have to agree to dual agency in advance, and can simply not sign it if you wish. Thank you!
    Agreeing to dual agency in NYC will prevent you from saving money by requesting a NYC buyer agent commission rebate. Dual agency also increases your risk.

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