Broker Elena operates an independent brokerage in New Jersey. She lists a property for seller Mr. Webb and also signs a buyer representation agreement with Ms. Park, who wants to purchase Mr. Webb's property. Elena discloses the dual agency situation in writing and obtains signed consent from both Mr. Webb and Ms. Park. Which of the following fiduciary duties is Elena MOST restricted in fulfilling once dual agency is established?
Correct Answer
C) Providing undivided loyalty to each party separately
Even with written consent, a dual agent cannot give each principal undivided loyalty because the buyer's and seller's interests in price and terms directly conflict, so loyalty is the duty most restricted.
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