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Visit Fairhaven for Fair Housing Swag

NC REALTORS® wants everyone to visit Fairhaven this year. That’s why we’re launching the Visit Fairhaven Challenge and offering all who enter a chance to win some amazing fair housing swag to showcase your commitment to equal professional service to all.

Creating the Best Virtual Tours

Discover how 3D virtual tours and virtual open houses can help you reach more clients

Guidelines for completing the new dual agency paragraph in the listing agreement

QUESTION: I have been reviewing the newly-released version of the Exclusive Right to Sell Listing Agreement (Form 101), and I see that paragraph 17, which covers dual agency, has a number of changes. Why were the changes made? And what suggestions do you have about how listing agents should go over that paragraph when they…

July 2022 – Summary of July 2022 Commercial Forms Changes

The following commercial forms have been revised effective July 1, 2022. A summary of the significant changes to each form is included. A marked-up copy of each form showing the exact changes may be viewed by clicking on the name of the form.

Can an agent represent both the seller and buyer if they have authorized designated dual agency?

QUESTION: I have a question about the new wording in the “Dual Agency” paragraph in the Exclusive Right to Sell Listing Agreement (Form 101) and the Exclusive Buyer Agency Agreement (Form 201). Let’s say I represent a seller and a buyer. When we entered into our agency agreements, they both: (i) initialed the dual agency…

Dual Agency, Designated Dual Agency, and the Role of the BIC

QUESTION: I am the broker-in-charge of a small firm. Recently, one of my agents brought an offer for one of my listings. The buyer and seller have authorized dual agency in writing,  but I was not sure whether I was allowed to practice dual agency as a BIC. Is it permissible for a BIC to…

July 2022 – Summary of July 2022 Residential Forms Changes

The following residential forms have been revised effective July 1, 2022. A summary of the significant changes to each form is included. A marked-up copy of each form showing the exact changes may be viewed by clicking on the name of the form.

When my firm is acting as a dual agent, can I give advice regarding negotiation strategy?

QUESTION: Several weeks ago, I listed a property for sale. After explaining that our firm does not engage in designated dual agency, but does practice “standard” dual agency, my owner-client signed our listing agreement and authorized us to act as a dual agent. One of the other agents at my firm has a buyer-client who…

Which boxes should I check on the new WWREA form for buyers?

QUESTION: I am confused by the new WWREA disclosure form for buyers. The form says: “Note to Agent: Check all relationship types below that may apply to this buyer.” If I am working as a buyer agent, it seems that I would check Buyer Agency, Dual Agency, and Designated Dual Agency, because I want to…

Can two members of the same “team” be designated agents for a buyer and seller?

QUESTION: I am the Broker-in-Charge of my office. Two of my agents are a husband and wife who have formed an informal "team" for the purpose of sharing both marketing responsibilities and commissions. Several weeks ago, the husband entered into a listing agreement with a property owner. The agreement authorizes both dual and designated agency.…

Legal Quiz (May 2018)

A recap of our most popular weekly Q&As from the May 2018 Insight magazine.

Dual or Variable Rate Commission

Q: I am a buyer’s agent. I called the listing broker to schedule an appointment to show a house she has listed in the MLS. The listing broker told me that an agent in her firm  might be presenting an offer on it tonight. So that my buyers can make their best offer, I’d like…

Must a dual agent disclose the buyer’s intended use of the property?

QUESTION: I have just received an inquiry on one of my listings from an adorable little man named Bushy Evergreen. Bushy is helping his employer, Kris Kringle and his wife, Jessica, find a little get-away where they can relax when their seasonal business slows down after the holidays. Bushy has done some research on my…

Can I show a buyer client my firm’s listings without written authority?

QUESTION: There was a discussion at my firm’s sales meeting last week about the practice of oral buyer agency. We try to avoid it but occasionally find it necessary with buyers who want representation but are reluctant to sign a buyer agency agreement right away.  One of our agents said he thought he’d learned at…

Working with a Buyer as a Seller Agent

QUESTION: I have a property listed for sale. A neighbor saw my sign and approached my client about buying the property. The two of them agreed on the terms of the sale, including price, due diligence period and closing date. The buyer does not want me to act as her agent. However, my client and…

Is a referral fee based on the total commission if the receiving firm is a dual agent?

QUESTION: I referred an acquaintance who wanted to sell her beach vacation property to an agent who does business in that marketplace. The receiving agent and I entered into a referral agreement using the NC REALTORS® Referral Agreement (Form 730), and I disclosed to my acquaintance that I expected to be paid a referral fee…

Can my buyer-client buy a property listed by one of my provisional brokers?

QUESTION: I am the broker-in-charge of a small firm. There are four other brokers in my firm, one of whom is a provisional broker. The provisional broker has a home listed for sale  and the seller agreed to dual agency in the listing agreement. I have some buyer clients that are interested in looking at…

How should agents’ agreements to reduce their commissions be documented?

QUESTION: As BIC of my firm, I was recently reviewing the paperwork on a closed transaction where our firm acted as a dual agent, and I noticed a discrepancy between the commissions paid at closing and the commissions set forth in the listing agreement. The amounts paid at closing to our firm on both the…

Properly completing compensation disclosure section of buyer agency agreement

QUESTION: An agent in my firm has sold one of the firm’s listings.  I have reviewed the Exclusive Buyer Agency Agreement (form 201) he entered into with the buyer and I am concerned about the way he filled out the compensation part. In paragraph 4(b), he inserted the percentage fee we customarily expect to receive…