What is the term for a risk situation where a licensee represents two different principals in the same transaction?

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The term for a risk situation where a licensee represents two different principals in the same transaction is dual agency. In dual agency, the real estate professional acts on behalf of both the buyer and the seller simultaneously, which can create potential conflicts in loyalty and interest because the obligations to both parties may not align perfectly.

This arrangement requires careful handling and clear communication, as both parties must be informed of the dual representation and consent to it. Licensed agents must also adhere to strict ethical guidelines and local laws, ensuring they fulfill their fiduciary duties to both principals without compromising the interests of either party.

In contrast, multiple representation typically refers to a scenario involving more than two parties, which can lead to similar conflicts. Conflict of interest denotes a broader term that can apply to various situations where an agent’s competing interests may hinder their ability to act impartially. Co-agency refers to scenarios where more than one agent is involved, but does not specifically address dual representation within a single transaction.

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