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The NAR Lawsuit and Why a Buyer Should Have their Own Representation

Dual representation is a complicated concept in real estate that requires a lot of thought and consideration. As a realtor,...

  • Annie Clougherty
  • March 19th, 2024
  • 2 min read
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Dual representation is a complicated concept in real estate that requires a lot of thought and consideration. As a realtor, I have seen firsthand how dual representation can lead to disputes between the buyer and seller. Although it can be advantageous for some, I personally am not a fan of it.‌

In California, a broker or agent can act as a dual agent in a transaction only if both the buyer and seller are aware and consent to it. Unfortunately, many lawsuits that arise due to dual representation end up favoring the buyer. This is why it is so important for sellers to make sure the buyer has their own representation. It’s not worth the risk of not doing so.

With the recent announcement from the National Association Realtors stating that a seller no longer can advertise paying a buyer’s agent commission in the MLS, I have already seen sellers saying they will not pay for a buyer’s agent. As a homeowner, I know there will never be a buyer I do not pay for their buyer’s agent commission to protect myself from future liability.‌

I recorded this video over a year ago and many Covid pounds ago, however, it seemed like the right time to post with all of the discussions going on. Commissions have always been negotiable and who represents you in a transaction has always also been negotiable.

‌I hope the consumer, as well as sellers of properties make sure that they are advocating for themselves and making sure that they have the best representation. Just like you can represent yourself in a court of law, rarely, do people decide not to make sure they have the best of the best representing them.

‌Disagree? Let’s chat….I am here to spill the tea and discuss in the comments.

 

 

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Annie Clougherty

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With over 20 years of experience, Annie Clougherty has built a reputation as one of the top real estate agents in Orange County, California, and nationwide. Representing both buyers and sellers, Annie’s expertise spans across coastal Orange County, where her deep understanding of the community and market trends sets her apart. Recognized by both her peers and industry leaders, Annie has been listed as one of the top agents in the country by the Wall Street Journal’s “Real Trends” report, ranking in the Top 1½% of agents nationwide for sales volume from 2019 to 2024. She has also consistently been ranked among the top 100 real estate agents in California. Joining Compass in its early days, Annie has been a part of its growth from 2,200 agents to over 30,000 nationwide. This network gives her unparalleled resources and connections, benefiting her clients at every stage of their real estate journey. Annie’s strategic approach, honed through years of navigating competitive markets, ensures her clients achieve the best outcomes. Whether marketing high-end properties in Newport Coast or negotiating contingent offers, her professionalism and dedication shine. Beyond real estate, Annie stays active in her community. From participating in the Newport Beach Distinguished Citizens Program to raising funds through events like Air Band, she values giving back and strengthening community ties. Annie Clougherty combines local expertise, a nationwide network, and a proven track record of excellence to deliver exceptional results for her clients.
With over 20 years of experience, Annie Clougherty has built a reputation as one of the top real estate agents in Orange County, California, and nationwide. Representing both buyers and sellers, Annie’s expertise spans across coastal Orange County, where her deep understanding of the community and market trends sets her apart. Recognized by both her peers and industry leaders, Annie has been listed as one of the top agents in the country by the Wall Street Journal’s “Real Trends” report, ranking in the Top 1½% of agents nationwide for sales volume from 2019 to 2024. She has also consistently been ranked among the top 100 real estate agents in California. Joining Compass in its early days, Annie has been a part of its growth from 2,200 agents to over 30,000 nationwide. This network gives her unparalleled resources and connections, benefiting her clients at every stage of their real estate journey. Annie’s strategic approach, honed through years of navigating competitive markets, ensures her clients achieve the best outcomes. Whether marketing high-end properties in Newport Coast or negotiating contingent offers, her professionalism and dedication shine. Beyond real estate, Annie stays active in her community. From participating in the Newport Beach Distinguished Citizens Program to raising funds through events like Air Band, she values giving back and strengthening community ties. Annie Clougherty combines local expertise, a nationwide network, and a proven track record of excellence to deliver exceptional results for her clients.

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