What is required for dual agency to be lawful?

For dual agency to be lawful, it is essential to obtain written consent from all parties involved in the transaction. This requirement ensures that both the buyer and the seller are fully informed and agree to the brokerage representing both sides in the same transaction. Written consent serves as a legal protection for both the agent and the clients, making it clear that both parties understand the potential conflicts of interest that may arise when one agent is working for both the buyer and the seller.

Without written consent, the agent may not be able to adequately represent the interests of both parties, leading to ethical dilemmas and potential legal issues. The necessity for written acknowledgment helps maintain transparency and trust in the agency relationship.

In contrast, verbal consent does not provide the same level of legal protection and clarity as written documentation. Explicit brokerage advertising is not a requirement for lawful dual agency, nor are irregular communication practices relevant to the legality of dual agency. Hence, written consent is the critical element that legitimizes this arrangement.