When a buyer approaches a seller’s agent at an open house without any agent representation, the seller’s agent may engage in dual agency with proper agency relationship disclosure and authorization from both the seller and buyer. Under dual agency, the seller’s broker will represent both the seller and buyer for the whole commission amount without having to split with another broker. The dual agency will still owe loyalty to the seller to get the highest possible price for the seller.
The short answer is no, because the buyer does not have undivided loyalty from an agent in a dual agency relationship.
DOS General Counsel on Dual Agency
It is important to work with agents, who is not the seller’s agent and who offers buyer rebates, early in the home buying process. The buyer may be able to get the buyer rebate and exactly what they want out of the client-agency relationship from the start to the completed closing.
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