Broker Helen at Cimarron Properties in Oklahoma City personally holds a listing for seller Frank. Buyer Grace approaches Helen directly and wants Helen to represent her as a buyer's agent in purchasing Frank's property. Helen has no other Sales Associates available to designate. Helen discloses the potential dual agency to both Frank and Grace in writing, and both provide written consent. Which of the following is Helen permitted to do under Oklahoma law?

Correct Answer

A) Proceed as a dual agent, but she must refrain from disclosing either party's confidential motivations and negotiating limits to the other.

Oklahoma law permits dual agency when both parties provide written informed consent. However, the written consent does not eliminate all fiduciary duties — it specifically does not permit the dual agent to disclose either party's confidential motivations, minimum acceptable price (for the seller), or maximum willingness to pay (for the buyer). Helen may proceed as a dual agent but must carefully manage the confidentiality obligations owed to each party.