Dual agency in Delaware requires:
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No consent
In Delaware, dual agency cannot occur without the consent of both parties. The state requires written informed consent from both the buyer and seller before a dual agency relationship can be established. Without this consent, dual agency would violate Delaware's licensing laws and the fiduciary duties owed to each client. This requirement ensures transparency and protects the interests of all parties involved in the transaction.
Written informed consent from both parties
Only verbal consent
Verbal consent alone is insufficient in Delaware. The state requires written documentation to create a proper record of consent and ensure both parties fully understand the implications of dual agency.
Commission approval
Commission approval is not required for dual agency in Delaware. The responsibility lies with the broker and obtaining proper consent from clients, not with regulatory bodies.
Why is this correct?
Delaware law specifically requires written informed consent from both parties before dual agency can occur. This documentation protects clients and ensures transparency, making it a legal requirement rather than optional.
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