Listing agent also wants to represent buyer on $1,365,000 offer

[wren_tools]

We would prefer a clean, prompt sale, but not if it leaves us without independent negotiation. An early offer of about $1,365,000 has arrived for our coastal New York home, and the listing agent proposes acting for the buyer as well.

Before agreeing, we would want a written explanation of the conflict, what information can remain confidential, the fee basis and who responds to each party. We also need a clear procedure for presenting and recording any other offers. If those boundaries cannot be made workable, we would rather the buyer have separate representation. What else should we ask the agent and our attorney to check?

 

[OrlaIves]

Written disclosure is necessary, but it does not make the interests independent. Ask the agent to state exactly what advice they would no longer provide once representing both sides. I would also have your own New York property attorney review the arrangement and offer before you consent, rather than relying on the agent’s explanation alone.

 

[HonestHorizon]

How well qualified is this buyer? An early offer is only convenient if they can actually complete. Ask for appropriate evidence of funds or financing and find out whether the agent knew the buyer before the listing. Also, was the home fully photographed and marketed, or did this arrive before broader exposure?

 

[luca_research]

I would not reject it automatically. Dual involvement may reduce back-and-forth, but speed should be tested rather than assumed. Set response deadlines, require material communications and offer changes in writing, and establish who answers you when the agent cannot advocate for either side. Also ask what support the listing side provides if this buyer withdraws and the property must return to the market.

 

[hugo.archer]

One more distinction: is the same individual proposing to represent both parties, or two people at the same brokerage? Ask for that in writing, along with any change to the fee basis. Then compare the offer’s net terms and fall-through risk with the benefit of continuing marketing.