Transaction Broker Addendum and Designated Agency Consent — Kansas 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 Kansas Edition: Every template was redrafted around the Kansas Brokerage Relationships in Real Estate Transactions Act (BRRETA, K.S.A. 58-30,101 et seq.), which presumes a licensee is a transaction broker unless a written agreement creates agency and flatly prohibits dual agency — so the dual-agency form became a Transaction Broker Addendum and Designated Agency Consent, and every listing and buyer agreement carries a transaction-broker / designated-agency election instead of a dual-agency consent. The forms also build in the Kansas Real Estate Brokers' and Salespersons' License Act (K.S.A. 58-3034 et seq.) and Commission regulations (K.A.R. Agency 86) on supervising-broker payment and trust accounts, the statute of frauds (K.S.A. 33-106), the Kansas UETA (K.S.A. 16-1601 et seq.), the five-year written-contract limitations period (K.S.A. 60-511), the Kansas Consumer Protection Act, the homestead joint-consent rule, the statutory residential radon notice, and the commercial-only Kansas Commercial Real Estate Broker Lien Act. Because Kansas has no statutory seller-disclosure form, the property condition disclosure is drafted to the common-law known-material-defect duty and BRRETA's adverse-material-fact duty.