In Arizona, a dual agent must have:
Question & Answer
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Verbal consent
Verbal consent is insufficient because it creates documentation issues and fails to prove that proper disclosure occurred. Arizona requires written documentation to ensure all parties understand the material facts about dual agency.
Written informed consent from both parties
ADRE approval
ADRE approval is not required for dual agency. The responsibility lies with the brokerage and agents to obtain proper consent, not with the Arizona Department of Real Estate.
No special consent required
Dual agency requires special consent in Arizona. Without it, agents would be violating their fiduciary duties to both parties simultaneously, which creates inherent conflicts of interest.
Why is this correct?
Written informed consent from both parties is required in Arizona for dual agency because it demonstrates that all parties understand the limitations of representation and have waived their exclusive right to undivided loyalty. This documentation protects both consumers and licensees by creating a clear record of informed consent.
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