Should Buyers' Brokers Present Offers Directly to Sellers?
Fiduciary Duty
Posted By: mainerealtor - 09/24/2000 09:24 AM
This is a tough one. On the one side you have a listing agent that is contractually responsible to the seller and has a legal responsibility to the client to represent the best interests of that client, including the presentation of any and all offers. Then, on the other side you have a buyers agent who owes his/her client the same legal responsibility. Fiduciary Duty, the trust that the client has by law with the agent wins out ultimately. Who, as an agent wants your clients interests handled by another agent? Not me! And unfortunately this is where the "Catch 22" senerio comes in.I agree with all comments on this one and practice both sides; listing agent and Buyers Agent(Disclosed Dual Agent) which is allowed in Maine.Buyers Agency has to be practiced with severe discretion as to not cross into that "Gray Area" Keep it Legal!