Consent to Dual Agency FAQs For Sellers and Buyers

Kenilworth realtor and broker-manager Michelle DavidA. The realtor may only disclose confidential
of RE/MAX Supreme answers questions sellers andinformation to the other party if he or she has
buyers have regarding dual agency.express written permission from the other party.
Frequently Asked Real Estate QuestionsQ. What happens if my agent discloses something I
Q. If I am a buyer do I need to complete dualdidn't authorize?
agency consent?A. If your agent has told the other party something
A. Yes, both sellers and buyers must complete thehe or she shouldn't have, you can call the broker who
disclosures. This gives the agent permission to workcan reprimand the agent.
for the buyer and seller in a real estate transaction.Q. When do I sign consent to dual agency
Q. Isn't there a conflict of interest if a sales associateagreement?
represents both seller and buyer?A. A seller signs an Informed Consent to Dual
A. Realtors have a fiduciary duty to be honest to allAgency disclosure when the rest of the listing
parties in real estate matters. Although being a dualpaperwork is signed. A buyer signs a similar disclosure
agent has, according to the New Jersey Associationwhen they view a property that is listed by the
of Realtors, Inc. (NJAR) a potential for a conflict ofsame realtor.
interest, the sales associate must be fair and notKenilworth Real Estate Agent
disclose any information that would cause aIf you are asked to sign a document that you don't
disadvantage to either party.understand, you shouldn't be afraid to ask your
Q. How does a dual agent handle an offer torealtor questions about what you are signing. Michelle
purchase a home?David, broker-manager of RE/MAX Supreme in
A. A dual agent is permitted to only facilitate an offerKenilworth, reviews all the documents that sellers
to purchase a property and counteroffers.need to sign before they are asked to. Buyers are
Q. Can a dual agent release confidential information toasked if they need an explanation of the documents
the buyer or seller?presented to them also.