Replies to This Discussion

Permalink Reply by Kelly Simarano on September 18, 2010 at 7:45pm

If purchase contract is signed by selling agent that shows she is working under a certain broker but the Department of Real Estate shows her license is under a different broker is the purchase contract still valid? Why would the selling agent be with another broker than what her license shows being held under? I'm not sure about this agent.

Permalink Reply by Bryant Tutas on September 18, 2010 at 11:24pm

Hi Kelly. This does not affect the sales contract at all. The contract is between the buyer and the seller only. As for the agent, it could very well be they have switched brokers recently and the state records have not caught up yet. That's quite common. Why not just ask her?

Permalink Reply by Kathleen Lordbock on September 19, 2010 at 3:21am

Like Bryant stated : ask her, she may have recently switched.
Now I am curious though - Do you normally look up everyone's license?
Is she both selling and buying this property as someone's agent or for herself?
Is she the listing agent and brought in the buyer,in MN we do that often if dual agency has been disclosed.

Permalink Reply by Steele V. Propp on September 21, 2010 at 2:39am

Well, fully disclosed, fully understood and fully acceptable to both parties :>) Sorry, I teach agency in Minnesota and generalizations have gotten more than one Realtor into trouble. Just clarifying, disclosed dual agency is legal in Minnesota but there is more to it than just disclosure. Also the actions of the agent can void any disclosure if they act differently than the limited role that they are allowed under the statute.

Kathleen Lordbock said:

Like Bryant stated : ask her, she may have recently switched.
Now I am curious though - Do you normally look up everyone's license?
Is she both selling and buying this property as someone's agent or for herself?
Is she the listing agent and brought in the buyer,in MN we do that often if dual agency has been disclosed.

Permalink Reply by Kathleen Lordbock on September 21, 2010 at 3:23am

you are totally correct Steele in your explanation for MN- I was just generalizing because this is a Florida question and not an explanation to my client or potential client. Dual agency is covered several times in our forms and explained and signed for each time!

Steele V. Propp said:

Well, fully disclosed, fully understood and fully acceptable to both parties :>) Sorry, I teach agency in Minnesota and generalizations have gotten more than one Realtor into trouble. Just clarifying, disclosed dual agency is legal in Minnesota but there is more to it than just disclosure. Also the actions of the agent can void any disclosure if they act differently than the limited role that they are allowed under the statute.

Kathleen Lordbock said:

Like Bryant stated : ask her, she may have recently switched.
Now I am curious though - Do you normally look up everyone's license?
Is she both selling and buying this property as someone's agent or for herself?
Is she the listing agent and brought in the buyer,in MN we do that often if dual agency has been disclosed.

Permalink Reply by Joe Stradcutter on September 23, 2010 at 4:40am

Dual agency is allowed in MN but it can be very tricky thing to do in a "normal" sale and almost impossible in a short sale. With all of the nuances of a short sale, I believe buyers need to be fully represented and counseled and that would be difficult in a true dual agency situation.

I'll show buyers who have called from my signs but refer them either to my broker for representation or a buyer's agent from another agency.