In this article, you'll learn:
- The inherent conflicts of interest in dual agency brokerage in commercial real estate.
- The ethical dilemmas faced by dual brokers and their impact on tenants.
- The legal implications and recent rulings against conflicted brokers.
- How tenants can protect their interests by working with a True Tenant Representation Broker.
In a landmark case in the commercial real estate industry, a judge called dual agencies, “inherently suspect due to the broker’s inescapable conflict of interest in representing opposing parties to a transaction.”
While one representative handling the interests of two parties would raise a red flag to most, curiously, the practice is commonplace in commercial real estate. The case now represents a massive shift, highlighting the fact that huge firms that handle property management and leasing usually sacrifice the tenant the best deal.
Dual brokers and conflicts of interest are commonly observed in CRE. Unfortunately, they usually come at the tenant's expense. However, the new case decision may change everything. So, if you’re a corporate tenant, landlord, or anything in between, you’ll want to read on. Common practices and ethics when it comes to commercial real estate may be experiencing a tectonic shift.
