QUESTION 1

Can I sell my own listing as a Dual Agent?

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AnswerYes, as often as possible, provided the rules are followed. That is one of the advantages of the Dual Agency relationship. The listing agent, who may know more about the physical facts of the property, can share that information with the buyer while being sure to watch after the interests of buyer and seller equally.

(Section 3897)

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QUESTION 2:

A buyer wants to enter into a Dual Agency relationship but refuses to sign the consent form. Is it OK to proceed as a Dual Agent?

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AnswerNo. The disclosure and consent must be accepted in writing. Explain to the person that Louisiana law determines the conduct of licensees and that it would be unlawful to continue without written authorization. Educating the parties to the transaction about Louisiana agency law is essential.(Section 3897)

If buyer refuses to sign the dual agency disclosure the following actions should be taken:

– If buyer still wants to be represented, then the broker must be notified so another licensee can be designated as buyer's agent.

– If buyer does not want representation, he needs to state so in writing and agent may continue with transaction as seller's agent while treating buyer as customer. (Agent should be VERY careful in this situation to not say anything to buyer that would be a detriment to the seller) NextPreviou

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