Does designated agency replace dual agency?
No. The law states that “designated agency shall not prevent a real estate firm or brokerage company from entering into a dual agency relationship” as long as the law is complied with in all other areas. Q: Can a licensee “shift” from a designated agency to a dual agent in one transaction? A: Yes. The Commission interprets KRS 324.121 to allow a licensee to “shift” from a designated agent to a dual agent in one transaction if both consumers are aware of this shift and consent to it. However, the Commission does not interpret the law to allow a “shift” from dual agent to designated agent in the same transaction. If a “shift” is attempted, licensees should be extremely cautious and should be certain the necessary consumer consent occurs. If a company plans on using “shifting” of designated agency, it is recommended an attorney be consulted to discuss all implications. Q: Does a licensee have to use the NEW agency disclosure form and the Agency Information for Consumers Bulletin if he or
