If you wanted, you could break this type of real estate representation into three separate subcategories. (That’s what Minnesota Agency Law Governmental Regulations does, remember, to arrive at its five options for relationship.)

There’s plain old dual agency. That’s where either a single agent—or two agents from the same firm—try to represent the interests of both buyer and seller. And “try” is the right word, since even the best-intentioned dual agent would have to violate the law and ethics codes to give you the representation you deserved. (More about this twist in more reasons to beware dual agency, below.)

There’s also something called a “subagent.” These agents will work with buyers while openly representing sellers. The fact that they’re open about it is good; it gives you fair warning to run the other way.

A “facilitator” represents both buyer and seller, but refrains from representing either in a “fiduciary capacity.” This subtype of dual agency may reduce some the risks to the homebuyer, but it also eliminates the benefits of rigorous fiduciary responsibility.

That leaves the next relationship as the only option that makes sense for home buyers.

BUYER AGENCY

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