In Virginia, dual representation requires:
Question & Answer
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No consent needed
Written consent from both parties
Only seller consent
Only seller consent is insufficient in Virginia. Virginia requires consent from both buyer and seller, not just one party. This ensures all parties involved are fully aware of the potential conflicts inherent in dual agency.
Verbal consent only
Verbal consent alone is not sufficient in Virginia. The state specifically requires written documentation of consent for dual representation, providing a clear record that both parties agreed to the arrangement.
Why is this correct?
Virginia law specifically requires written consent from both parties before dual representation can occur. This written documentation protects all parties and ensures full disclosure of potential conflicts of interest. Without this written consent, the brokerage cannot legally represent both parties in the same transaction.
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