My best guess is that my buyer in the above situation did not feel she was being represented fairly due to conflicting interests of both the buyer and seller in the transaction. Moreover, there were some issues with repairs to the subject property of the sales transaction and the agent was negotiatiating for the best interest of both the buyer and the seller in trying to resolve the repair issues. The buyer felt she was being hung out to dry in that the agent was leaning more towards the seller and trying to protect the seller's interest in the transaction.
Whether you choose to put yourself in the situation of dual agency or not, you need to remember the following:
- The agent must disclose the dual agency
- The agent must get your consent to the dual agency in writing
- The agent has an ethical duty to represent both buyer and seller "fairly"
- The agent shall not disclose confidential information about either party without their consent
- If you feel you are not getting fair representation by the agent, let the agent know
- If the unfair representation continues, contact the agent's broker