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A licensee is a dual agent in a transaction where the seller’s agent and the buyer’s agent are one and the same. Simple. Slightly more complex is the dual-agency relationship that is created when the seller’s agent and the buyer’s agent are separate licensees but both affiliated with the same broker.
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If your practice permits dual agency but not designated agency, you may want to re-examine the reasons and determine whether your policy is in the best interest of your clients and your risk reduction practice.
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In a recent article, I offered my opinion that a listing agent can better avoid liability by avoiding dual agency. I heard from a number of you that disagree with my approach. I have heard these arguments, but continue to hold onto my original opinion.
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Wednesday, Feb. 8, 2012
