Broker Tom in Connecticut represents seller Patricia under a listing agreement. Tom also has a buyer representation agreement with David, who wishes to make an offer on Patricia's property. Tom discloses the dual agency situation in writing, but David refuses to consent to dual agency. What is the most appropriate action for Tom to take?
Correct Answer
D) Refer David to another broker or assign a different agent within the firm to represent David, if permitted
Under Connecticut law, dual agency requires the informed written consent of both parties. If one party — here, David — refuses to consent, the dual agency cannot lawfully proceed. The appropriate resolution is to refer David to an independent broker or, if the brokerage structure permits, to assign a designated agent within the firm to represent David separately, thereby resolving the conflict while allowing the transaction to continue. This approach is consistent with Connecticut agency law requirements under CGS § 20-325c.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.
An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.
The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.
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