In New York, real estate agents must uphold a fiduciary duty of undivided loyalty to their clients. When agents from the same firm represent both buyers and sellers, it can lead to conflicts of interest, particularly if the buyer feels their agent is not adequately supporting them. If clients are not informed about a dual agency arrangement, it could violate state law, rendering agreements potentially unenforceable. Clients should insist on clear communication regarding representation and may need to seek new representation if concerns about loyalty arise.
Your real estate agent should be representing your interests with what state law calls undivided loyalty. If that's not happening, you need a new agent.
In New York, it is legal — though discouraged — for an agent to represent both a buyer and a seller, but you must be notified of this arrangement.
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