Broker Linda's office in Juneau has two salespersons: Agent A represents the seller of a property listed at $450,000, and Agent B represents a buyer who wants to make an offer on that same property. Both agents work under Broker Linda. Under Alaska law, what agency arrangement is most appropriate for this situation, and what must occur before it can proceed?
Correct Answer
A) Dual agency by Broker Linda's office; written informed consent must be obtained from both the buyer and the seller
Under 12 AAC 64.060, when two licensees within the same brokerage represent opposite parties in the same transaction, the brokerage is in a dual agency situation (sometimes called in-house dual agency or designated agency depending on the brokerage's structure). Alaska law requires written informed consent from both the buyer and the seller before the transaction can proceed in this manner. Each agent may continue to represent their respective client as a designated agent, but the overall brokerage is a dual agent and must disclose this to both parties.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The fiduciary obligations owed by a listing agent to the seller, including marketing the property, presenting all offers, and protecting the seller's confidential information.
A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.
A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.
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