Broker Relationships Act Disclosure & Consent to Brokerage Services for Both Parties — Oklahoma 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 Oklahoma Edition: Every template was redrafted around the Oklahoma Broker Relationships Act (59 O.S. § 858-351 et seq.), which abolished common-law agency in real estate brokerage — an Oklahoma broker owes statutory duties to the party it is assisting rather than fiduciary agency duties, and dual agency does not exist. The dual-agency file in this set is therefore an Oklahoma Broker Relationships Act disclosure and consent for a single broker providing brokerage services to both parties, with the statutory duties and confidentiality rules spelled out. The seller disclosure edition tracks the Oklahoma Residential Property Condition Disclosure Act (60 O.S. § 831 et seq.) and its disclosure and disclaimer statement regime, the listing and buyer-broker agreements carry the written-agreement requirements enforced by the Oklahoma Real Estate Commission, the independent-contractor agreement reflects associate-to-broker affiliation under the Oklahoma Real Estate License Code, and each instrument recites the Oklahoma Uniform Electronic Transactions Act and the Oklahoma statute of frauds (15 O.S. § 136). Oklahoma has no broker commission lien statute for residential sales, so the disbursement authorization is drafted as a contractual closing-agent instruction. Not legal advice; have an Oklahoma-licensed attorney review before use.