What must a broker do when representing both the seller and the buyer in the same transaction?

When a broker represents both the seller and the buyer in the same transaction, they must obtain written consent from both parties. This requirement is crucial in order to establish dual agency, which occurs when one broker is acting on behalf of both the buyer and the seller. The need for consent is rooted in the desire to maintain transparency and trust in the transaction, as dual agency can create potential conflicts of interest. By obtaining written consent, the broker ensures that both parties are fully aware of the situation and have agreed to it, thereby protecting the interests of all involved.

This practice also aligns with legal obligations and ethical standards in the real estate profession, which prioritize duty of care and disclosure. Without this consent, a broker could jeopardize their standing and expose themselves to liability, as both buyers and sellers deserve to have their interests fully represented and disclosed by their broker.