Dual Representation Vs. Unrepresented Party

In my previous blog, we checked out Exclusive Vs. Designated Representation. 

Click here for more information.  

Dual Representation
The Seller and Buyer are represented by the same Agent and Firm who assist in facilitating a successful transaction. The Agent is limited in their ability to represent the Seller and Buyer. An Agent may NOT provide the following services in this type of representation:

• cannot advise either party as to the terms to offer or accept in any counteroffer
• cannot advise the buyer client as to the suitability of the property, its condition (other than to make any disclosures as required by law)
• cannot advise either party as to what repairs of the property to make or request
• cannot advise either party in any dispute that arises relating to the transaction

Unrepresented Party
The Seller is represented exclusively by the same Agent and Firm. The Buyer has no representation in this situation, however the Agent may provide ministerial acts to the Buyer to assist in facilitating a successful transaction. Ministerial acts include:

• filling in the blanks of a contract while strictly following the Unrepresented Party’s instructions
• deliver offers and counter offers
• hold the escrow deposit in the Firm’s account

* The Agent may not provide any advice or service beyond ministerial acts to the Unrepresented Party in a transaction.
** A Seller may also be an Unrepresented Party in a transaction when a Buyer has representation.


Source: MattiasClymer.com