DUAL AGENCY ISNT
ALWAYS A BAD THING
It seems that the only news these days concerning real
estate is either declining home sales or the fraudulent behavior of one of the
participants.
Dual agency is the process
by which the same real estate broker represents both the seller and the buyer
in the same real estate transaction.
These
types of transactions are controversial and have been likened to a lawyer
representing both the plaintiff and defendant in the same trial.
In fact, most states have recognized the
potential hazards involving dual agency.
Some states, including Florida, prohibit the act of allowing the same
broker to represent both the buyer and seller.
Other states have adopted a process (designated dual agency) that
requires the broker to assign another agent within the firm to represent the
buyer.
However most states, including
the state of Virginia where the data supporting this paper were gathered,
simply require a disclaimer that mandates that the broker disclose and gain
permission from both the buyer and seller.
While the debate over dual agency is not likely to be
resolved in the near future, recent findings by three researchers (Ray Brastow
and Bennie D. Waller of Longwood University and Jon Wiley of Georgia State
University) indicate that dual agency may provide benefits in many instances
involving real estate transactions, said Ray Brastow of Longwood University.
The information advantage enjoyed by the listing agent may
reduce transactions costs associated with matching a property with appropriate
potential buyers.
“Agents who specialize
by listing properties in defined geographic locations or properties with other
homogeneous characteristics gain more detailed knowledge about property
characteristics and market condition that may create advantages in matching a
property with potential buyers” said Ray Brastow of Longwood University.
In addition, the listing agent may be aware
of internal clients who are potential buyers.
“The focus of our study is focused on the determinants of
dual agency transactions” said Jon Wiley of Georgia State University. These
findings are the result of the examination of a large sample of MLS transaction
data as well as the empirical results from a recent homebuyer’s survey.
The survey evidence provides determinants of
buyer representation with near matches for many of the factors considered in
the transaction data.
The study was conducted from data comprised of approximately
13,000 observations collected from a south central Virginia multiple listing
service (MLS) area over the last decade in conjunction with results from the 2006
National Association of Realtors Homebuyers survey (NAR HBS).
“Our findings indicate that dual agencies may be the result
of efficiency gains as the result of brokers geographically specialization
and/or knowledgeable buyers about the area in which they are buying” said Bennie
D. Waller of Longwood University.
These results provide evidence of hope in a marketplace
filled with little to no hope.
This
should be very good news for buyers, sellers and real estate professionals
alike.
Members of the media may request a copy of the study’s
executive summary directly from Dr. Bennie D. Waller (wallerbd@longwood.edu).
Interview request may be directed to the
same.
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