Divided Loyalty & Dual-Agency

Divided Loyalty & Dual Agency

Listing Brokers and Leasing Offices’ Allegiance Lies with the Landlord

Tenants and Landlords are two different animals, each with different goals. The listing brokers and leasing office are beholden to the landlords because the landlord is the more lucrative client. This is where their true allegiance lies. How can they then turn around and negotiate the lowest possible rent for you ?

It would be unwise for them to negotiate aggressively to lower your expense; it would sour their landlord relationship. In fact, it’s fiduciary for them to negotiate the highest possible income for the building.

Until there is competition and representation, landlords almost never give tenants bottom-line economics. If what the market bears is unclear or you are sending signals that you are staying put, your leverage is weakened.

The best case is where there’s no inherent conflict-of-interest, and where it’s ethics and legality to represent you 100% to get the best space at the best price.

Naturally, fees are always a big question. Instead of all the commission going to one party, it gets split between two. You don’t save by not having your own guy advocating and protecting 100% on your behalf. Herein lies the dirty little secret of commercial brokerage.

Parker Advisors Represents the Office User Not the Landlord

Parker Advisors understands the process on both sides, and we’ve built many years of trust and goodwill with brokers and owners for one simple reason – Reduce your lease expenses.

Missed Opportunity

Negotiation efforts to lower the rate by a nickel or dime per rentable square foot per month can fail which leaves other areas to reduce costs. Without an expert on your side, these are missed. Dedicated representation looks at all factors that affect cost, risk and tenant obligations. Motivations and the landlord’s accounting methods are examples. A tenant rep who is a 100% on your side can help you navigate. The Long Beach market commissions are paid whether you use their guy or have your own.

Dual agency, a harmful conflict of interest

Tenant rep fiduciary requires the highest standard and level of care implied by federal law. If the same lawyer were to represent both sides in a case, conflict of interest is unavoidable.

The listing broker is obligated to the landlord…not the tenant

The listing broker’s primary obligation is to get the tenant to sign the lease quickly as possible because “time kills all deals”. This is an industry secret and any honest broker will tell you this. The landlord’s main focus is on maximizing the value of the building through rent, less expense, occupancy, and higher tenant obligations. A listing broker has a fiduciary responsibility to the landlord whose primary goal is increasing asset yield and value.

How is dual agency still legal in California?

Dual agency is a hot-button issue in commercial real estate. Office tenants are better served when they have their own representation. Several states have banned dual agency, however, it’s legal in California. The pitfall with dual agency is that the listing broker may be unethically influenced by the double commission. Since the dual agent receives a commission on both sides of the deal, he/she may become over-incentivized to close the deal at any cost. In this scenario, the interests of the tenant are not met. Furthermore, it is possible that a dual agent may be tempted to not disclose something relevant because he/she will lose out on the double commission.

The listing broker’s primary obligation is to negotiate the highest rent

Based on general business principles dual agency is not a sound practice because a conflict of interest is inherent. A few questions can be answered satisfactorily by both parties. This can help address conflict, however, it does not alleviate the problem. Success in a transaction is gauged by the tenant’s level of confidence with the dollars and terms that are met. The dual agent cannot focus on negotiating for the lowest price and for the highest price at the same time.

California lawmakers attempted to place limitations on dual agents which states that a dual agent “may not disclose what the other party is willing to settle for, without written consent by the seller” and vice versa. However, nothing except the price was addressed, and the ruling on confidential information remained ambiguous.

Using a tenant rep specialist is the way to go

In closing, equal allegiance is unlikely, and the leasing agent can be unfairly influenced by a lucrative long-standing relationship. It’s due to the many prior transactions. In residential sales, it’s easier to contain it, but with office buildings, the listing agent may have done the leasing for 10 to 30 other tenants. Again, sound business principles would dictate that an office tenant representation broker is the way to go.

If you find yourself in an office lease transaction in Southern California and you are wanting to be represented fairly, give one of our office tenant representation specialists a call today for a free consultation at 562-362-6500.