Dual Agency Agreement

DUAL AGENCY AGREEMENT

This Dual Agency Agreement (the Agreement) is entered into between Broker Name: License No.: with principal business address ("Broker"), and Client Name: of address concerning the real property commonly known as .

RECITALS

WHEREAS, Broker is duly licensed to act as a real estate broker and represents parties in the purchase and sale or lease of real property; and

WHEREAS, Client desires Broker to provide brokerage services in connection with the transaction involving the property identified above; and

WHEREAS, Broker may have occasion to represent both Client and one or more other parties to the same transaction and, to the extent Broker represents multiple principals in the same transaction, the parties must consent to dual agency in accordance with applicable law.

NOW THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, the following definitions apply: "Broker" means the brokerage firm identified above and any licensed agents or licensees acting under the brokerage. "Client" means the undersigned party identified above. "Other Party" means any other principal (buyer, seller, landlord, tenant) to the same transaction. "Confidential Information" means information specified in Section 6.

2. ACKNOWLEDGMENT OF DUAL AGENCY

Client acknowledges that Broker may act as a dual agent in the transaction, representing both Client and one or more Other Parties. Client hereby consents to Broker's representation of both parties in the same transaction to the extent permitted by law. Client's role in the transaction (select one or more): Buyer Seller Other (specify):

3. SCOPE OF REPRESENTATION

Broker will provide customary brokerage services including but not limited to: marketing, showing, negotiating terms, preparing and presenting offers, and facilitating communications among parties and their advisors. Broker will act as an intermediary between Client and Other Party and owes duties described in Section 4. Broker will not provide legal, tax or accounting advice unless separately engaged to do so in writing.

4. DUTIES OF BROKER

Broker owes Client the duties of honest dealing, timely disclosure of material facts actually known by Broker, presentation of all offers and counteroffers, accounting for funds, and the exercise of reasonable skill and care in performing brokerage services. When acting as a dual agent, Broker will not, absent separate written authorization, disclose Confidential Information of one principal to another principal.

5. LIMITATIONS ON BROKER'S DUTIES

Client acknowledges that dual agency creates limitations on Broker's ability to advocate wholly for one party's position. Broker will not provide advice or advocacy intended to favor one principal over another on matters of price, terms, or negotiation strategy unless Broker obtains separate written, informed consent from each affected principal.

6. CONFIDENTIALITY

Confidential Information includes financial qualifications, bottom-line price thresholds, motivation for sale or purchase, and any information designated in writing as confidential by a principal. Broker will not disclose Confidential Information of one principal to another without prior written consent, except as required by law or to effectuate the transaction with the other principal's informed consent.

7. COMPENSATION

Client agrees that Broker's compensation for the transaction shall be as follows: Commission / Fee: . Client acknowledges that Broker may receive compensation from multiple parties to the transaction and that any division of compensation between Broker and cooperating brokers will be determined by Broker. Receipt of compensation from another party does not, by itself, negate Broker's obligations under this Agreement.

8. CONFLICTS OF INTEREST

Broker will use reasonable efforts to identify and disclose to Client any actual material conflicts of interest known to Broker. If a conflict arises that materially affects Broker's ability to perform, Broker will disclose the conflict in writing and, if necessary, obtain Client's informed consent or withdraw from representation as required by law or professional duty.

9. CLIENT ACKNOWLEDGMENTS

Client acknowledges receipt of written disclosure regarding dual agency and has had an opportunity to ask questions. Client understands the limitations on Broker's duties while acting as a dual agent and consents to the Broker's dual representation by checking below and signing where indicated.

Client expressly: Consents to dual agency Withholds consent to dual agency

10. TERM AND TERMINATION

This Agreement is effective on the date signed by the parties and remains in effect until the earlier of: (a) closing of the transaction; (b) mutual written agreement of the parties; or (c) termination by either party upon written notice to the other. Termination does not relieve the parties of obligations accrued prior to termination nor obligations that by their nature survive termination.

11. NOTICES

12. AMENDMENTS

Any amendment to this Agreement must be in writing and signed by both Broker and Client to be effective.

13. WAIVER

Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision. Waiver must be in writing and signed by the waiving party.

14. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state where the property is located without regard to conflict of law principles.

15. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between Broker and Client with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties, whether written or oral.

16. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed to effectuate the parties' intent.

17. COUNTERPARTS; ELECTRONIC SIGNATURES

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by electronic means shall be binding and have the same effect as original signatures.

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