The Perils Of Dual Agency In Real Estate Transactions

Law360, New York (September 3, 2015, 10:12 AM EDT) -- Although it seems counterintuitive, real estate brokers and agents are permitted to act as "dual agents" — agents for both parties in a real estate transaction — provided, however, that there is full disclosure and consent by both principals. In an active real estate market, as we have today, agents often aggressively pursue parties looking to "make a deal" without realizing that they may have inadvertently created an agency relationship and without regard for making timely disclosures to their principals. An agent's carelessness can have severe consequences to the agent, but it can also undermine the entire transaction between the parties. This article will provide a brief overview dual agency and the perils associated with it....

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