Under Montana law, what is required before a licensee may act as a dual agent representing both the buyer and the seller in the same transaction?
Correct Answer
B) Written informed consent from both the buyer and the seller
Under MCA 37-51-314, a Montana licensee may act as a dual agent — representing both the buyer and the seller in the same transaction — only after obtaining written informed consent from both parties. Both the buyer and seller must fully understand and agree to the arrangement before it proceeds. Dual agency significantly limits the licensee's ability to fully advocate for either party, since the duties of loyalty and confidentiality owed to each client can conflict. Because of these inherent limitations, full written disclosure and consent are essential to protect all parties involved.
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