Recently, a number of buyers have been asking the question, "Can a buyer use the listing agent as their own REALTOR®?" The quick answer: Yes... but the buyer is at SERIOUS risk!!! Here's why:

In every transaction a REALTOR® must disclose using the Agency Disclosure Form, his/her "Agent Relationship" with the buyer/seller. There are three types of realtionships: A Buyer's Agent, a Seller's Agent and Dual Agent (where agent represents both buyer and seller). In each relationship an agent has the obligation to provide "A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with (their clients)."

When a listing agreement between the agent and the seller is signed, the agent discloses that he/she is working as the "Seller's Agent" and has a fiduciary duty to do what's best for the seller. If a buyer wants to write an offer using the same agent, the agent can disclose to both parties that he/she is now a Dual Agent, however, where do the boundaries lie for their respective fiduciary duties? What loyalties, integrities, and honesties are shared or crossed? How does one agent negotiate a price when the seller wants more money and the buyer wants to pay less? Whose side does the agent pull for?

When a buyer is represented by their own REALTOR®, that agent has the fiduciary duty to provide excellent service ONLY to the buyer. There are no boundaries to cross and the agent will negotiate and fight for what's right for the buyer. In many cases, a buyer's agent can also negotiate a price that saves them more money than trying to use only the listing agent.

Picture this... Let's say two people had to go to court to resolve an issue (completely unrelated to real estate). Have you ever seen the defendant use the same lawyer as the plaintiff? NO! Each person has their own representative plead their case.

When a buyer decides to purchase a home, they should have a REALTOR® represent their side of the transaction. After all, it is the largest investment of their life!