Agency & Ethics
A situation where a real estate agent or broker represents both the buyer and the seller in the same transaction.
Dual agency arises when a single broker, or two agents from the same brokerage, represent both sides of a transaction. In New York, dual agency is legal only with the informed written consent of both the buyer and the seller. Because the agent owes loyalty to both parties simultaneously, they cannot fully advocate for either. Failing to disclose dual agency is a serious license law violation.
Exam Tip
Informed WRITTEN consent of BOTH parties required. Verbal is not enough. Undisclosed dual agency is always a violation.
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Agency & Ethics
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NY Real Estate Agency & Ethics
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