12.10 Dual Agency and Transaction Brokerage

• Library: Real Estate Practice Deskbook (2019 Ed.)

2. (§12.10) Dual Agency and Transaction Brokerage

Section 339.780.4, RSMo 2016, requires a written agreement or written consent to dual agency for any licensee intending to act as a dual agent. Dual agency is a unique concept in real estate brokerage and is defined at § 339.710(14), RSMo 2016, as "a form of agency which may result when an agent licensee or someone affiliated with the agent licensee represents another party to the same transaction." The dual agency relationship may be established from the outset, but more typically arises during the course of representation. The following is an example of a situation in which a dual agency may arise:

A licensee affiliated with a broker engages in a limited agency relationship with a seller to list their property for sale. Another licensee affiliated with the broker engages in a limited agency relationship with a buyer to help them find a property. In the course of the respective representations, the buyer expresses an interest in the property being sold by seller. Since the brokerage...