Dual agent

[Cne]

What is the name of your state? CA

I have an agreement with our selling agent on his comm. 5%, unless two conditions occur, then it is 4%.

1. House does not bring asking.

2. My agent gets both ends of deal.

The house has sold over asking, to another real estate agent (commercial broker in large comm real estate broker firm) who was described to me by my agent as week-end warrior. The agent representing the buyer is also from my agents office, which he owns and operates, which means she works for him, (his office, phones, web site, etc.) He says that it does not qualify as a dual agent. I say it does.

Am I getting put together?

 

[BradleyS]

http://www.dre.ca.gov/relaw_pdf/Excerpts.pdf

(d) “Dual agent” means an agent acting, either directly or through an associate licensee, as agent for both the seller and the buyer in a real property transaction.

A dual agent represents both sides of the transaction. If another agent is involved, even from the same company, that is representing the other party, it would not be a "dual agency."

 

[Cne]

CA

Even if the peson is a employee of the licsensed broker? I think he has just added the name to split the comm and maintain 5%. Is he just side stepping the agreement by a technical means?