This document serves to disclose the arrangement of dual agency and to obtain informed consent from all parties involved in the real estate transaction.

Definition of Dual Agency

Dual agency exists when one real estate broker or agent represents both the seller (or landlord) and the buyer (or tenant) in the same transaction. The agent, in this capacity, owes limited fiduciary duties to both parties.

Limitations of Dual Agency

When acting as a dual agent, the agent must treat both the buyer and seller fairly and equally. The agent cannot disclose confidential information of one party to the other, such as:

• The price or terms the seller is willing to accept other than those in the written offer.
• The price or terms the buyer is willing to pay or accept other than those in the written offer.
• The motivation of either party regarding the transaction, unless authorized to do so in writing.

Dual Agent Responsibilities

The dual agent is obligated to provide the following services to both parties:

• Honest and fair dealing.
• Diligence and care.
• Accounting for all funds entrusted to the dual agent.
• Disclosure of all known facts that materially affect the value or desirability of the property and are not readily observable.