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Under Delaware law, dual agency is permissible only when which condition is met?

Correct Answer

B) Both the buyer and seller provide written informed consent

Under Delaware law (24 Del. C. § 2973), dual agency is permissible only when both the buyer and the seller have been fully informed of the dual agency relationship and have provided their written informed consent prior to the licensee acting in that capacity.

Answer Options
A
The Delaware Real Estate Commission grants prior approval
B
Both the buyer and seller provide written informed consent
C
Both parties provide verbal consent
D
A court authorizes the dual agency arrangement

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Related Topics & Key Terms

Related Topics:

Dual agencyDesignated agencyWritten consentAgency disclosureConflict of interest

Key Terms:

dual agencywritten informed consent24 Del. C. § 2973conflict of interestdesignated agency

Related Concepts

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

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