top of page

Should I Call the Listing Agent?

Is this legal? Is it wise?

Oregon allows for dual representation (a single agent representing both the seller and the buyer) if there is full disclosure. There is an Oregon Agency Disclosure that states the client’s rights and the broker’s responsibilities. This is not quite as shocking a conflict of interest as one might fear. In real estate, the client wants to buy and the seller wants to sell. A broker is trying to bring both parties together for the proverbial “win-win.” It is not like the criminal justice system where the outcome seriously affects your life. In that case no one is seeking a “win-win.” The prosecutor is trying to destroy you and the defense attorney is trying to save you, or at least minimize the damage to you. That system depends on aggressive representation; it is an adversarial system.

But that said, is it wise to use the listing broker? Even with dual agency representation, we think the buyer is at some disadvantage. Where is the primary allegiance of the listing agent? Is it not with the seller, with whom there is a longer term and contractual relationship? And does the listing broker want you to consider other properties? Certainly not until you write off this one! The listing agent is ethically required to represent the best interests of the seller and not interfere with your possible desire to purchase the seller’s property. In other words, you will not get any help from the listing broker until you decide not to buy that property. And then what? That listing broker wants to help you buy any property AND WORK WITH YOU LIKE A BUYER’S AGENT!

The needs and services for a seller are radically different than those necessary for buyers.

We have seen too many cases where a seller’s agent ends up compromising the services a buyer needs and the reverse is also true. For example, a buyer’s agent is on-call virtually around the clock. He or she needs to take personal downtime when the demands are light. But the most common times an agent is needed are on weekends, evenings, and for several days – all day- when clients are in from out of town.  In times like these, who takes care of all the responsibilities for a seller to meet advertising deadlines, set up showings and follow-up? If seller’s agents are serving a seller well, when can they drop everything and work with a buyer for 8 hours a day for 3 days?

If you choose a Bella Casa agent, then you work throughout the entire buying process with someone who has no other interest than what is best for you and what best matches your interests. No conflict of interest no matter how insignificant that conflict might be.

Bella Casa Real Estate Group fosters a corporate culture of sharing.

We all give and we all receive; we are all the richer for it and our clients enjoy the best service available. For the really tough or unique challenges we have an enviable depth of experience and industry memory. Bella Casa Real Estate Group employs a model of multiple Principal Brokers for supervision, assistance, and problem solving. Currently we have 11 principals for 30 brokers and that ratio will increase. We also enjoy a healthy ratio of the most experienced and respected brokers in the area.

Published on: Nov 30, 2012

bottom of page