I do dual agency several times a year and we just have both parties sign a dual agency formI do dual agency several times a year and we just have both parties sign a dual agency  Disclosure

Yes, you must obtain informed written consent.

Candice A. Donofrio nailed this one!

Yes, all parties have to be informed and must agree by signing the proper disclosure.

In North and South Carolina you absolutely do! I'm not sure about your state though. I would think that even if it's not the law, it's the ethical way to handle it - and it covers you as well.

Correct posture is INFORMED CONSENT

Everybody has to know up front. There are many important factors that you've left out of the important equation. Get your broker involved.

The circumstances of whether you had the buyer already are not relevant.  If your state requires written consent, then you need written consent. 

you cannot represent anyone without written permission and you can't represent both sides without everyone's written permission

Prepare to be "twice" as busy if you do... dual rep

Yes, have seller & buyer sign a Dual Agency Agreement.

Yes, you do... at least in North and in South Carolina. I can't comment about other states. It's a material fact in a transaction vis-a-vis representation and you must disclose.

We used to in Oklahoma but we are a transactional state with core duties so no more.

yes

`Better check with your broker... in my market, we must have both buyer and seller sign off on a "limited joint representation" document... this provides permission for you to act as a dual agent.  Without that form signed by both parties we are not able to provide services to both buyer and seller.

If you were the buyer or seller, wouldn't you want to know who the agent represents? 

 Dual representation is illegal in Florida.

It depends what state you're in, as to how this needs to be handled, but in general the short answer is "yes", you need to have written consent from both parties.

Even if it's not required, I really can't see any downside to getting explicit written consent to dual-agency, so why not get it, just to CYA?

The short answer is YES!!  You must have written consent from both parties and disclose to both that you are representing both parties, but they both cannot be your "client."  You Seller is obviously your client because they have a listing agreement with you, and you owe your Fiduciary responsibilities to them.  The Buyer cannot be a client too.. they can only be a "customer" through a Customer Service Agreemenet. 

Different states have different agency laws, but for most the answer is yes!

Always and forever you have to disclose agency to every client. Dual agency then additionally must be disclosed and approved by both the buyer and seller. There is never a time when you do not have to disclose

There is no one answer that fits all. It depends on how your state regulates these agency relationships. For example, in Florida we act as transaction brokers by law and can represent both parties in the same transaction. Ask your instructor or check with you state's real estate commission for the answer that applies to your situation.

Yes, both parties have to agree and have to sign that they agree.

my team members don't participate in dual agency...we are listing agents and represent the seller....we stay on that side... and we fully expect to cooperate with buyer agents on all of our listings.... on occasion, a buyer will not want to have a buyers agent and we continue to represent the seller....everything is fully disclosed in writing and acknowledge in writing...

In writing with broker endorsement.

Transaction agent in our state.

We have a transaction broker representation.

It would depend on your state laws.

A good system as long as all is disclosed and agreed upon, make sure the right boxes are checked and all understand what they mean, including you.

Cade, yes, you should have the consent for dual representations in many states.

Always disclose to prevent being deposed.

Yes, always! From buyer and seller.  Both broker and agent sign as well.

It depends on what your state law says. In TN, yes.

You darn well better do it in my state

I do about 60% dual agency and get the permission from both parties before moving forward.

I do not understand the question. But dual agency is perfectly legal in LA and it is not required to sign anything for showing, unless it is your personal preference. 

Good luck.

In Texas, yes, both buyer and seller need to sign the appropriate disclosure.

I'm doing dual agency right now.  Both parties are aware (heck the buyer sought me out BECAUSE I had the listing) and all the appropriate disclosures were done.

I believe your answer is based on your state. In Oregon, we can have dual representation, but there are disclosures required for all parties to sign which describe how dual representation is handled.

This varies from state to state.  In my state, we need written consent from all parties. 

Follow the rules in your state.

Cade Grosskreuz Yes, full disclosure is required.