In a dual agency situation, if it is permitted by state law, a broker may represent both the seller and the buyer in the same transaction provided both parties consent in writing to the dual agency.
A dual agent is a real estate agent who works for both the buyer and the seller in the same transaction. Dual agency occurs when a real estate broker represents both parties in a single transaction. The dual agency may occur when the buyer and seller have the same real estate agent or when both parties have agents who work for the same broker. Dual agency is only allowed with the consent of both parties in most states.
The real estate agent who serves as a dual agent is required by law to inform both the buyer and seller of the dual agency, as well as obtain written consent from both parties if the law permits dual agency. A written disclosure must be signed by both the seller and the buyer before the transaction can proceed. In conclusion, in a dual agency situation, if it is permitted by state law, a broker may represent both the seller and the buyer in the same transaction provided both parties consent in writing to the dual agency.
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