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Agency & Professional EthicsDual AgencyBCHARD

In British Columbia, when can two licensees at the same brokerage act for the buyer and the seller in one trade without it being dual agency?

Correct Answer

B) When each is designated in writing as designated agent for a different party

Rules s. 63(2) says the designation of licensees as designated agents does not constitute dual agency unless the same designated agent represents both parties. Under s. 32 a brokerage may designate one licensee for the seller and a different licensee for the buyer.

Answer Options
A
When the price of the property is below the regulatory threshold
B
When each is designated in writing as designated agent for a different party
C
When both parties waive their right to exclusive representation
D
Never, because any representation of both sides within one brokerage is always dual agency

Why This Is the Correct Answer

Section 63(2) excludes designated agency from dual agency as long as different licensees are designated for the different clients.

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Key Terms

designated agencydual agencyRules s. 63(2)same brokerage
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