DESIGNATED SELLER'S AND BUYER'S AGENT

     A real estate agent can be designated by another real estate agent (the appointing or designating agent) to represent either the buyer or seller, provided the buyer or seller expressly agrees to such designation.  The real estate agent once so designated is then the agent for either the buyer or seller who becomes their client.  The designated agent owes the buyer or seller undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality, provided, however, that the agent must disclose known material defects in the real estate.  The agent must put their client's interests first and negotiate for the best price and terms for the client.  In situations where the appointing agent designates another agent to represent the seller and an agent to represent the buyer then the appointing agent becomes a dual agent.  Consequently a dual agent cannot satify fully the duties of loyaltay, full disclosure, abediance to lawful instruction which is required of an exclusive seller or buyer agent.  The dual agent does not represent either the buyer or the seller solely only your designated agent represents your interests.  The written consent for designated agency must contain the information provided for in the regulatioins of the Massachusetts Board of Registration of Real Estate Brokers and Salespeople (Board).  A sample designated agency consent is available at the Board's website at www.mass.gov/dpl/re.