Disclosures
Dual Agency Informed Consent Form Template
Available now for CA, TX, FL, NY, GA, NJ, AZ, IL, NC, PA, VA, WA, CO, MI, OH, TN, SC, MD, MA, MN, IN, WI, MO, NV, OR, UT, CT, AL, KY, LA, OK, IA, KS, AR — more states coming soon. Choose your state ↓
Dual agency — one brokerage (or one agent) representing both buyer and seller in the same transaction — is the most heavily regulated conflict of interest in residential real estate. A handful of states ban it outright; the rest permit it only with the informed written consent of both parties, obtained after meaningful disclosure of what the parties are giving up. Get the consent wrong and the consequences stack fast: license discipline, commission forfeiture, and rescission or damages claims grounded in breach of fiduciary duty. Courts have long treated undisclosed dual agency as a fiduciary breach that can void the broker's right to any commission.
This 4-page Informed Consent form does the disclosure properly rather than minimally. It explains in plain language what agency representation normally includes (undivided loyalty, full disclosure, advocacy on price and terms); exactly which duties are limited in dual agency (the agent cannot advocate for either side on price, cannot disclose one party's willingness to pay more or accept less, cannot share confidential negotiating positions); what duties remain intact (honesty, disclosure of material property facts, accounting, confidentiality); and the designated agency alternative where the brokerage appoints separate agents for each party, where state law permits. Both buyer and seller sign separate acknowledgment and consent blocks, with transaction-specific identification and timing language confirming consent was obtained before or at the point dual agency arose.
The 50-state notes summarize the landscape: consent-based regimes (e.g., New York's RPL § 443 disclosure form with dual agency consent), designated agency states, transaction-brokerage states that replace agency entirely, and the states where dual agency is prohibited. This template supplements — and in states with mandatory statutory forms, accompanies — the state-prescribed disclosure. Not a substitute for your state's required form where one exists.
Choose Your State Edition
Dual Agency Informed Consent Form — California Edition
Intermediary Relationship Notice & Consent — Texas Edition
Transaction Broker Disclosure & Consent — Florida Edition
Dual Agency Informed Consent Form — New York Edition
Dual Agency Informed Consent Form — Georgia Edition
Dual Agency Informed Consent Form — New Jersey Edition
Dual Agency Informed Consent Form — Arizona Edition
Dual Agency Informed Consent Form — Illinois Edition
Dual Agency Informed Consent Form — North Carolina Edition
Dual Agency Informed Consent Form — Pennsylvania Edition
Dual Agency Informed Consent Form — Virginia Edition
Dual Agency Informed Consent Form — Washington Edition
Transaction-Broker Disclosure & Consent — Colorado Edition
Dual Agency Informed Consent Form — Michigan Edition
Dual Agency Informed Consent Form — Ohio Edition
Dual Agency Informed Consent Form — Tennessee Edition
Dual Agency Informed Consent Form — South Carolina Edition
Consent for Dual Agency & Intra-Company Agent Designation — Maryland Edition
Consent to Dual Agency / Designated Agency — Massachusetts Edition
Dual Agency Consent — Minnesota Edition
Limited Agency Consent — Indiana Edition
Consent for Multiple Representation Relationships & Designated Agency — Wisconsin Edition
Dual Agency & Designated Agency Disclosure & Informed Consent — Missouri Edition
Consent to Act for More Than One Party — Supplemental Disclosure & Informed Consent — Nevada Edition
Disclosed Limited Agency Agreement & Informed Consent — Oregon Edition
Limited Agency Consent Agreement — Utah Edition
Dual Agency & Designated Agency Disclosure & Informed Consent — Connecticut Edition
Limited Consensual Dual Agency Agreement & Informed Consent — Alabama Edition
Dual Agency Disclosure & Informed Consent — Kentucky Edition
Dual Agency Disclosure & Informed Consent — Louisiana Edition
Broker Relationships Act Disclosure & Consent to Brokerage Services for Both Parties — Oklahoma Edition
Dual Agency & Appointed Agency Disclosure and Informed Consent — Iowa Edition
Transaction Broker Addendum and Designated Agency Consent — Kansas Edition
Dual Agency Disclosure & Informed Consent — Arkansas Edition
More States Coming Soon
What's Included in Every State Edition
- Plain-language explanation of full agency duties
- Duties limited in dual agency (no price advocacy, no confidential disclosure)
- Duties that remain: honesty, material facts, accounting
- Designated agency alternative explanation
- Separate buyer & seller consent/acknowledgment blocks
- Transaction identification & consent timing language
- 50-state regime summary: consent, designated agency, transaction brokerage, prohibition states
Grounded in Law
Grounded in fiduciary-duty doctrine treating undisclosed dual agency as a breach that can forfeit commissions and support rescission, and in state consent statutes such as NY RPL § 443's dual agency disclosure-and-consent framework.