Nondisclosure of Dual Agent Status

**themayor** · 07-12-2009, 08:15 PM

I have many problems starting with the agent I hired to sell my home acted as a dual agent without my permission. He never explained what it meant, he never had me sign anything. We got an offer on a house and we accepted it, not knowing he represented this buyer. Neither one of our attorneys ever received a sales contract until 2 months after it was signed. He never had the buyer pay any earnest money until 3 months after it was signed and then it was only 500.00 on a 150K house. We asked the agent to reduce the price of the house and he raised it instead on his website saying "he had to" because of the FHA appraisal. We believe this cost us possible second or third offers on the house in case the first one fell through. It did finally fall through after 4 months. All of this seems sooooo very wrong, he breached his fidicuiary duty for sure. Any comments. Does anyone agree that he may have breached?

**Greg** · 07-13-2009, 05:24 AM

Originally Posted by themayor

I have many problems starting with the agent I hired to sell my home acted as a dual agent without my permission. He never explained what it meant, he never had me sign anything. We got an offer on a house and we accepted it, not knowing he represented this buyer. Neither one of our attorneys ever received a sales contract until 2 months after it was signed. He never had the buyer pay any earnest money until 3 months after it was signed and then it was only 500.00 on a 150K house. We asked the agent to reduce the price of the house and he raised it instead on his website saying "he had to" because of the FHA appraisal. We believe this cost us possible second or third offers on the house in case the first one fell through. It did finally fall through after 4 months. All of this seems sooooo very wrong, he breached his fidicuiary duty for sure. Any comments. Does anyone agree that he may have breached?

I don't have enough of the facts to say whether or not the agent acted wrong but it sounds like you need to get another real estate agent. There are plenty of them out there so interview some agents until you find one who knows how to handle their business in a lawful and ethical way.

**tucsonhomes** · 07-13-2009, 09:49 AM

Undisclosed dual agency is illegal in every state.

In addition, even moderately competent real estate sales people provide estimated costs (showing the full commission going only to one office), follow written instuctions, never change price without written authorization, and a host of other problems sited here.

First talk to the managing broker for the firm this person works for. The broker should be willing to make some restitution for the acts of the salesperson, then get ready to be in contact with the state licensing agency and the state association of Realtors.

**markbrian** · 07-13-2009, 09:55 AM

I have to agree it is time to get another agent. I hate hearing stories like this and I am sorry you had a difficult time with your agent/selling your home.

**RedCarpetSchool** · 07-13-2009, 10:21 AM

I hope to hear a reply to this story and find out what the results are from your looking into the agent that did this to you.

So Mayer please post an either positive or negative(hoprfully not) that results.