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Broker Helen in Meridian, Mississippi represents seller Frank in listing his home. A buyer, George, contacts Helen directly and asks her to also represent him in purchasing Frank's home. Helen obtains written informed consent from both Frank and George to proceed as a dual agent. Which of the following actions would be MOST appropriate for Helen in this dual agency relationship?

Correct Answer

B) Present all offers and counteroffers to both parties without advocating for either party's specific price position

In a disclosed dual agency under Mississippi law (Miss. Code Ann. §73-35-21 et seq.), the dual agent must remain neutral and may not advocate for either party's specific price or negotiating position. Helen's appropriate role is to present all offers and counteroffers to both parties faithfully and assist in facilitating the transaction without steering either party toward a particular outcome. This neutrality is the core limitation of dual agency.

Answer Options
A
Advise Frank to reject any offer below $310,000 based on her knowledge of George's budget
B
Present all offers and counteroffers to both parties without advocating for either party's specific price position
C
Withdraw from representing Frank and represent only George since George contacted her most recently
D
Disclose George's financial qualifications to Frank to help Frank evaluate the strength of George's offer

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Related Topics & Key Terms

Key Terms:

dual_agencyneutralityconfidentialitywritten_consentfiduciary_duties

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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