Dual Agency & Appointed Agency Disclosure and Informed Consent — Iowa Edition Template

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.

About this Iowa Edition: Every template was redrafted around Iowa's real estate license law, Iowa Code chapter 543B, and the Iowa Real Estate Commission's rules in 193E IAC, which require written brokerage agreements with definite expiration dates, a written agency disclosure before any brokerage agreement or offer, and the informed written consent of all parties before a brokerage may act as a dual agent or through appointed (designated) agency — so the consent form in this set is a true Iowa dual agency / appointed agency election rather than a transaction-brokerage substitute. The seller disclosure form is structured to Iowa Code chapter 558A (delivery before the buyer's written offer) and adds the Iowa-specific items practitioners expect: radon, the time-of-transfer septic inspection under Iowa Code chapter 455B, and the groundwater hazard statement categories. Throughout, the forms reference the Iowa statute of frauds (Iowa Code § 622.32), the Iowa Uniform Electronic Transactions Act (Iowa Code chapter 554D), homestead spousal joinder (Iowa Code § 561.13), the commercial broker lien act (Iowa Code chapter 570A), Iowa's abstract-and-Title-Guaranty title practice, and the rule that all compensation flows through the licensed brokerage.