Agent Seth is employed by Broker Rachel. Seth enters into an exclusive listing with a property owner to sell their property. At the same time, Agent Bethany, who is also employed by Rachel, works separately with a buyer to locate qualifying properties listed with other brokers. Agent Bethany shows her buyer a property that is the subject of an in-house listing. What does this do to Rachel’s agency status?
Rachel becomes a dual agent the moment Bethany’s buyer is exposed to a property that is the subject of an in-house listing.
When the agent of a buyer shows their buyer an in-house listing that is owned by the buyer’s employing broker, the broker becomes a dual agent. Here, the broker, through their agents, is concurrently representing both the buyer and the seller of the property the buyer is being exposed to. This relationship will be documented in the Agency Confirmation Provision included in transaction documents.