Consent to Act for More Than One Party — Supplemental Disclosure & Informed Consent — Nevada 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 Nevada Edition: Every template was redrafted around Nevada's real estate license law (NRS chapter 645), including the licensee duties owed to all parties and to clients (NRS 645.252 and 645.254), the written-consent rule for a licensee acting for more than one party (NRS 645.253), the compensation-through-the-broker rule (NRS 645.280), and the requirements that exclusive listing and buyer agreements be in writing with a definite termination date and no automatic renewal (NRS 645.320). Disclosure documents track the Seller's Real Property Disclosure regime (NRS 113.100–113.150), the common-interest community resale package and cancellation right (NRS 116.4109), and the facts Nevada deems not material (NRS 40.770), while contract forms rely on Nevada's statute of frauds for land contracts (NRS 111.210) and its Uniform Electronic Transactions Act (NRS chapter 719). The independent-contractor and team agreements reference Nevada's independent-contractor presumption (NRS 608.0155) and I.R.C. § 3508, and the commission forms note the commercial broker's lien provisions of NRS chapter 645 (NRS 645.8701 et seq.). These are supplemental drafting templates, not Nevada Real Estate Division forms, and must be reviewed by Nevada counsel.