In Illinois, a broker acting as a dual agent must:
Question & Answer
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Only represent the seller
Option A is incorrect because dual agency by definition involves representing both the buyer and seller, not just the seller. A broker who only represents the seller would be acting as a seller's agent, not a dual agent.
Obtain written consent from both parties
Refuse to complete the transaction
Option C is incorrect because Illinois law does not prohibit dual agency outright. Instead, it provides a specific framework (written consent) that allows dual agency under certain conditions, rather than requiring brokers to refuse the transaction.
Only disclose to the buyer
Option D is incorrect because dual agency requires disclosure to both parties, not just the buyer. Limited disclosure would violate the written consent requirement and fail to provide the necessary transparency to both clients in a dual agency relationship.
Why is this correct?
Illinois law specifically requires written consent from both parties before a broker can act as a dual agent. This written consent requirement ensures transparency and protects consumers by formally documenting their understanding that the broker's representation will be limited and divided between both parties.
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