I’ve been a fan of Albert Teichner’s for a long time and I
am writing in response to his articles concerning dual agency (limited dual
agency). I work in a small market area and sell a product that does not result
in large commissions, and as a result does not attract a lot of interest from
other local Realtors. Due to my own interest in selling this product, I have
had considerable experience with dual agency.

I believe that dual agency is dealt with in a cumbersome,
negative manner and would like to see the real estate industry come to better
terms with it. If dual agency is legal and ethical, it should be spoken of in a
positive manner, making full disclosure, and not just in passing and in subdued
tones. It has been my experience that dual agency, while never being called unethical
or illegal, is often spoken of in less than flattering terms by some of my
associates in the industry. Agents that I have had the pleasure of working with
and whom I consider to be extremely ethical, sometimes act like a long-tailed
cat in a room full of rocking chairs when they find themselves in a dual agency
situation. This is particularly true with newcomers to the business and I can’t
help wondering what message is being sent and why are we not being more positive
about this subject. I think it needs more discussion.

I am well aware of the statement that “you cannot work for two
masters”, but I believe strongly in full disclosure and due diligence. In all
my years in the business, I have never been questioned by my clients, customers,
or lawyers acting for either of the parties about any ethical concerns
regarding dual agency. Recently I sent an email to a well regarded real estate lawyer
who writes a weekly column in a newspaper.

I’ve been reading this man’s column for some time and find
him to be knowledgeable, fair and balanced in his comments. I have written to
him and received immediate feedback. When I sent him my email regarding dual
agency (almost word for word like this letter), I expected a well-informed, clear
answer. Unfortunately, the answer I received left me swimming in the somewhat
murky waters of this particular matter. The gist of what he said is that as far
as he’s concerned, this is a matter that has not been resolved satisfactorily
from a legal or practical standpoint, and until legal precedents have been set
in a courtroom, it will continue to be an area of uncertainty.

Well, I have to say, I think he’s right. At present there is
too much misunderstanding of dual agency, from brokers, sales reps and lawyers,
not to mention all the different real estate associations.

On a personal note, I intend to continue as I have, making
full disclosure and trying to do a good job for all my clients and customers. I
have gratefully received numerous thank you letters and gifts, and most
importantly, many and continued referrals, from the majority of these
consumers. I think we must give the consumer (which is us as well) more credit
for making intelligent decisions.

Thank you for your insightful columns, Albert. I look
forward to the next one, about this matter or any other concerning real estate.

Robert Willard
Associate Broker
Sutton Group – Professional Realty Inc.
Orangeville, Ont.