In a dual-license dual agency, who assumes the role of the dual agent?

In a dual-license dual agency scenario, the broker or broker's designee assumes the role of the dual agent. This arrangement occurs when one brokerage represents both the buyer and the seller in the same transaction. The broker or their designated representative is responsible for facilitating communication and negotiations between both parties while maintaining a neutral position.

It is important for the broker to ensure that both the buyer and seller are informed of the dual agency relationship and provide consent, as this type of representation involves unique obligations to both parties. The broker must manage the interests of both clients fairly and ethically, adhering to regulations regarding disclosure and confidentiality.

Other agents, such as the listing agent or buyer's agent, do not independently assume the role of dual agent in this context, as their responsibilities typically focus on representing one side of the transaction. The buyer and seller do not share the role equally in a dual agency; rather, the broker consolidates their interests under one umbrella, ensuring compliance with relevant laws and ethical practices.