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Consensual Dual Agent Limited consensual dual agency is an
agency relationship where the real estate brokerage
company represents both the buyer and the seller in the
same real estate transaction. Consensual dual
agency requires the licensee to obtain written consent of
both the buyer and seller to act as their agent. The two
most common circumstances where dual agency is
encountered are (1) when two or more salespersons
licensed under the same broker each represent a different
party to the transaction, and (2) when one licensee
represents both the buyer and seller in the same sales
transaction.
One major advantage of
limited consensual dual agency is that it allows broader
marketing opportunities than single agency arrangements.
With this type of transaction, salespeople can show
houses of owners that they represent as agents to their
buyer clients. Consensual dual agency in common in the
large real estate markets where real estate companies
often have a large number of properties listed for sale.
With a dual agency agreement, these properties can be
shown to their buyer clients.
In the case of dual agency,
the principle function of the licensee is to help both
parties reach mutually satisfactory outcome to their
negotiations. The dual agent must avoid showing
favoritism to either party and refrain from revealing
confidential information that could prove detrimental to
one side or the other. Although buyers and sellers may
not benefit from the full range of services or agent
loyalty that could otherwise be provided with a single
agency arrangement, consensual dual agency does offer
consumers more assistance and guidance than would be
possible under a transaction brokerage agreement.
When considering signing a dual
agency agreement, it is very important that you talk with
the broker to determine the types of service that will be
provided, and what types of information you will share
with the broker and broker's other clients.
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