Agent Patricia at Skyline Realty in Virginia has a buyer representation agreement with client Nora. Nora makes an offer on a Skyline Realty listing. Patricia explains the dual agency situation to both Nora and the seller, but the seller refuses to sign a dual agency consent form. What is the most appropriate course of action for Patricia?
Correct Answer
A) Refer Nora to another agent within Skyline Realty to act as Nora's designated agent, if the brokerage has a designated agency policy
When dual agency consent cannot be obtained from all parties, one valid solution under Virginia law is to use the designated agency model — if the brokerage has established a designated agency policy. The broker could assign a different Skyline Realty agent to represent Nora exclusively as her designated agent, while Patricia continues as the seller's agent. This preserves Nora's representation without requiring dual agency consent. Va. Code § 54.1-2130 et seq. provides this framework as an alternative to dual agency in in-house transactions.
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Related Topics & Key Terms
Key Terms:
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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