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To: bobby is sleepless in seattle who wrote (77959)5/21/2007 8:11:50 PM
From: TradeliteRespond to of 306849
 
<<Yet, the selling agent represents the buyer and not the seller, but the seller pays the commissionto a party that does not represent them? Rationalize this to an anal seller...!>>

I'm afraid I'm way more anal about that topic than any seller I've met and definitely more so than most agents I've met who still don't understand the basic law of agency.

That's why, when buyer agency became common, I was pleased to get on board and finally have all the proper disclosures to all parties about who was representing whom. Don't care which party I represent, but I do like to know which one I'm working for without question.

I stopped practicing dual agency altogether, even when I had a lawyer client who wanted me to do that for some bizarre reason. I also represented the seller while working with a buyer from New York who was suspicious of buyer agency and wanted no part of it--didn't quite understand his rationale for that, but he made his choice, so I carried out my obligations to the seller throughout the negotiations and couldn't really stick up for the buyer too well in some areas.

Whether the seller actually "pays" the commission, however, is open to debate.

As the Wash Post pointed out in a good story last weekend and I have pointed out for years, the commission can be argued as paid by any party who thinks he is paying it. It comes out of the seller's proceeds on the settlement statement, but the buyer is the only one who brings money to the transaction.