What do I do if the reason the buyer or seller won sign the form is because they don agree to dual agency?
You must have the consent of both the buyer and seller to act as a dual agent. If either of the parties won’t sign the Agency Disclosure Statement consenting to dual agency, then you cannot represent both parties. As an agent you need to notify your broker or manager immediately. Your broker/manager has a few options. Usually the broker retains representation of the seller and notifies the buyer that they will be treated as a customer. If the buyer wants representation and your brokerage practices “split agency,” the buyer can be referred to another agent in your brokerage. If they will not agree to that or your brokerage does not permit split agency, then the buyer will have to be referred to another brokerage or an attorney for representation.
