THE DUAL AGENT

     A real estate agent may act as a dual agent representing both the seller and the buyer in a transaction but only with the express and informed consent of both the seller and the buyer.  Written consent to dual agency must be obtained by the real estate agent prior to the execution of an offer to purchase a specific property.  A dual agent shall be neutral with regard to any conflicting interest of the seller and buyer.  Consequently a dual agent cannot satisfy fully the duties of loyalty, full disclosure, obediance to  lawful instruction which is required of an exclusive seller or buyer agent.  A dual agent does, however, still owe a duty of confidentiality of material information and accounting for funds.  The written consent for dual agency must contain the information provided for in the regulations of the Massachusetts Board of Registration of Real Estate Brokers and Salespeople (Board).  A sample dual agency consent is available at the Board's website at www.mass.gov/dpl/re.