New York agent wants to represent both sides of a $1.42m offer

[nia_sage]

Our New York property has been listed for 15 days and we already have an offer around $1,420,000. The speed is appealing, but the listing agent now says they can also represent the buyer.

I’m uneasy about how our pricing strategy and confidential discussions could remain protected if the same person is advising both sides. Before considering this, what written conflict disclosure or other safeguards would you insist on? I also plan to ask whether the fee changes, how the buyer was qualified, and how competing offers would be handled.

 

[PracticalSignal]

Convenience alone would not persuade me. I’d want the disclosure to explain what advice the agent can no longer give either party, not merely state that both sides consent. Ask whether separate named contacts within the brokerage are possible, who communicates each counteroffer, and whether the fee basis changes. Have your own New York attorney review the arrangement before you sign it.

 

[anika_vale]

Is the same individual proposing to handle both sides, or would two people at the brokerage be involved? That distinction matters practically, even if a conflict still needs addressing. Also, is the $1,420,000 offer actually in writing, with the buyer’s financial qualification supplied? Fifteen days is early enough that I wouldn’t rush based only on the agent’s description of the buyer.

 

[anika_vale]

One addition: disclosure does not make the advice independent. It tells you where the agent’s duties and communications become limited. If you want someone to say, “The buyer may go higher” or help decide what weakness to exploit in a counteroffer, ask explicitly whether the proposed arrangement permits that. The answer may settle the issue faster than pages of general consent language.

 

[NimbleInk]

I wouldn’t reject the structure automatically if the offer is otherwise strong. The better comparison is net proceeds and terms: price, contingencies, timing, buyer qualification, and any fee change. But I would require a written process for offer handling, response times, the named contact for each side, and support if this buyer falls through. Speed has value, just not enough to replace clarity.

 

[slate.modern]

Before deciding, send one written list: exact fee under this arrangement, who represents whom, what remains confidential, who negotiates each side, evidence of buyer qualification, and what happens if the deal collapses. I’d also ask what photography and marketing were completed and whether all planned exposure occurred during those 15 days. Then compare this offer with the cost of waiting, after independent New York legal input.