If you are a home buyer or seller, Dual Agency is the ultimate no win Scenario. Even when all parties agree in writing the “Dual Agent” simply cannot perform their prescribed duties of agency. The Dual Agent immediately violates both their fiduciary and statutory responsibilities once they engage in an agency relationship with separate parties.

Criterion Properties does not practice dual agency. Not once, not ever.  We are very upfront about it for buyers, sellers and in general.   That is because we take seriously our responsibility to be loyal to the seller or buyer by taking no action that is adverse or detrimental to the seller’s or buyer’s interest in a transaction; to timely disclose to the seller and buyer any conflicts of interest and (in a fiduciary agreement) to put our client’s interests ahead of all others, including our own. That commitment to the client’s interest is unfortunately not as common as it should be in real estate.

Why does anybody practice Dual Agency? The answer is money pure and simple. On a given transaction, a Dual Agent can earn twice as much commission. Never mind that integrity or fiduciary and legal responsibilities. In Washington State it is still legal for brokers to be dual agents. But, the practice has no benefit to a buyer or seller.

How do you avoid Dual Agency? The first question to ask as a buyer or seller is “Do you practice Dual Agency?” Many states have wisely outlawed the practice, but not Washington. Ethical agents avoid dual agency like the plague. If you sense apprehension or evasiveness when you ask the question, or they tell you they practice dual agency, you should look for a new agent.

You need to be sure you can trust your agent. Insist on working with only agents and Brokers who do not practice Dual Agency. They will be your agent and your agent only in the transaction and will commit to referring any buyer to a cooperative Broker on your home and the same for any seller that might want to look at an offer from a buyer they already represent.