The Owner's Bottom Line, the Ramp Request, and the Voucher Remark
You are a leasing agent with Lakeshore Realty, which holds an exclusive written leasing agreement with the owner of a 24-unit building. Dana tours a 2-bedroom listed at $1,850. She mentions she is relocating with two children, one of whom uses a wheelchair, and asks whether the owner would build a ramp at the entrance and whether the owner accepts housing vouchers. Later that day the owner tells you privately: "I'd take $1,650 but let's hold at $1,800. And honestly I'd rather not deal with voucher families - too much paperwork." Dana then emails: "I'll pay up to $1,900 if you can get the owner to $1,700. Since you're helping me too, just tell me his real bottom line."
1. Whom do you represent, what must you disclose to Dana, and when? Can you tell her the $1,650 figure?
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You represent the owner. Lakeshore has a written agreement with the owner, and you are the owner's agent throughout the showing and negotiation.
Disclosure: Illinois requires that agency be disclosed at the first substantive contact and confirmed in writing - before Dana shares information you would be obliged to relay. Because the relationship here is with the owner, you must tell Dana plainly that you represent the landlord, that you do not represent her, and what that means: you will treat her honestly and fairly and disclose material facts about the property, but you owe loyalty and confidentiality to the owner, not to her.
The $1,650: no. The owner's reservation price is confidential client information. Disclosing it would be a breach of loyalty and would expose the brokerage to liability. What you can do is present Dana's offer of $1,700 with her terms, and advise the owner on market data - that is advocacy for your client, not disclosure of their instructions.
Drafting note: confirm the disclosure in writing (email is fine) and keep it in the file. Verbal disclosure alone creates a swearing contest later.
2. Dana asks you to act for her too. Under what conditions could that happen, and what is your answer here?
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Dual agency requires informed written consent from both parties, obtained before the dual role begins, plus the brokerage's agreement. Every party must understand the practical consequence: the broker cannot advocate exclusively for either side and must not disclose one party's confidential information to the other.
Answer in this case: decline. The owner has given you confidential pricing instructions and has made a statement (about vouchers) that creates a conflict; the owner is unlikely to consent, and consent obtained only after Dana asked would be suspect. Dana remains a customer: you owe her honesty, accurate information about the property, disclosure of material defects, and fair dealing, but not confidentiality, not advocacy, and not a fiduciary duty.
What to say: "I represent the owner, so I can't act as your agent or share his instructions. I can give you factual information, show you the unit, and present any offer you'd like to make. If you want your own representation, I can refer you to an agent who can act solely for you."
Practice point: never accept a tenant's representation by silence or by simply "helping them out" - that is the classic dual-agency dispute.
3. How do you handle the ramp request and the owner's voucher comment?
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The ramp: treat it as a reasonable accommodation/modification request and forward it to the owner immediately - you cannot ignore it or answer for the owner. The fair housing framework: the tenant generally bears the cost of a modification, but the landlord must permit it (with reasonable conditions on restoration and, for exterior/common areas, may require a professional, insured installation). The housing provider must engage in an interactive process rather than issue a flat no. Document the request, the date, the response, and the reasoning.
The voucher comment: do not act on it and do not relay it to Dana. Source-of-income discrimination is unlawful under Illinois law and many local ordinances, and refusing or discouraging a voucher holder is a fair housing violation regardless of the owner's intent. Tell the owner in writing, plainly: screening out voucher holders is not an option; the same income, credit, and background criteria must be applied to every applicant, and the tenant's portion is calculated the same way. If the owner insists, escalate to your managing broker and, if necessary, terminate the leasing agreement - you cannot execute an unlawful instruction.
Also: Dana's offer of $1,900 above the $1,700 she proposed is a negotiating tactic. Present it in writing, note the expiration, and let the owner decide. Do not trade the accommodation request against the price.