Designated Agency

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Donna Johnson

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Sep 12, 2009 8:53:22 PM

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Most of my career has been in an area where "designated agency" was practiced without question. I recently had the opportunity to practice in an county where no one practiced designated agency and am wondering if this county is the exception or the rule. My belief is that every client has the right to full representation and have yet to understand how that can happen without designated agency.

Carmen Multhauf

Group Member

Sep 13, 2009 10:51:14 AM

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Since there is no national standard for agency, each state has created it's own regulations. I am in California where designated agency is not permitted. Our choices are single agency or dual agency. The agency rests with the broker so single agency cannot be used when the buyer and seller are both represented in the same brokerage even if by two different licensees in that office (unless one of the parties agrees in writing to waive representation).

The National Association of Exclusive Buyer Agents (NAEBA) is lobbying to have one standard national agency law and to have a standard sets of definitions of agency terms.

Donna Johnson

Group Member

Sep 13, 2009 8:25:09 PM

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Thanks for the feedback...did not know about the push by NAEBA. I'll look for upcoming articles in our publications about this.

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