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Real Estate Dual Agency Confirmation

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REAL ESTATE DUAL AGENCY CONFIRMATION

Parties and Property

Seller Name:    Buyer Name:

Broker and Agent

Disclosure of Dual Agency

The undersigned parties acknowledge that the identified agent and brokerage firm may act as a dual agent and represent both Seller and Buyer in the transaction involving the Property described above. Dual agency creates a potential conflict of interest because the agent owes duties to both parties but cannot advocate solely for the interests of one party to the detriment of the other.

By consenting to dual agency the parties understand and accept the following limitations: the agent will not disclose the confidential negotiation positions of either party, will not disclose a party’s willingness to accept terms that are materially different from those offered, and will not provide strategy that favors one party over the other. The agent may, however, communicate factual information and terms as authorized by the parties.

Duties, Limitations, and Compensation

The agent and brokerage will continue to perform ministerial acts and will exercise reasonable skill and care in the performance of brokerage services. The parties acknowledge that the agent’s duties are limited as described above and that either party may seek independent legal or other professional advice at any time.

Consent to Dual Agency

Each party acknowledges receipt of this disclosure, understands the nature of dual agency, and either consents to or declines dual agency representation by the identified agent and brokerage. Consent is voluntary and may be withdrawn in writing at any time prior to the execution of a final purchase agreement.

  I consent to dual agency representation by the identified agent and brokerage.

  I do not consent to dual agency and require separate representation.

  I consent to dual agency representation by the identified agent and brokerage.

  I do not consent to dual agency and require separate representation.

Confidentiality and Use of Information

The parties acknowledge that certain information provided to the broker or agent may be treated as confidential. Notwithstanding confidentiality, the agent may disclose information as required by law or permitted by the parties. The agent will not disclose a party’s bottom-line financial terms, willingness to accept price or terms that are materially different, or other confidential negotiation strategies without express written authorization.

Representations and Remedies

Each party represents that the information provided in this confirmation is true and complete to the best of their knowledge. If consent to dual agency is later withdrawn, the parties acknowledge that the broker and agent will take reasonable steps to end the dual agency relationship; remedies for breach of these duties are governed by applicable law and the parties’ separate agreements.

Governing Law: This confirmation is governed by the laws of the state where the Property is located. This document constitutes the entire agreement with respect to the parties’ consent to dual agency and supersedes any prior oral or written statements on that subject.

Acknowledgement

By signing below, Seller and Buyer acknowledge receipt of this Real Estate Dual Agency Confirmation, confirm that they have read and understand the rights and limitations described herein, and either consent to or decline dual agency as indicated above. Each party is advised that they may obtain independent legal or other advice prior to signing.

Seller:

By:

Date:

Buyer:

By:

Date:

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What the Real Estate Dual Agency Confirmation Is

A Real Estate Dual Agency Confirmation documents whether a single licensee or brokerage represents both buyer and seller in the same real estate transaction, and confirms the parties’ informed consent to that arrangement. The form clarifies the agent’s role, limits on advocacy, disclosure of potential conflicts, and how confidential information will be handled. It typically names the parties, lists the property, states the type of agency relationship, and requires signatures from all principals or their authorized agents to verify they received and accepted the disclosure.

Why this Confirmation Matters for Transactions

The form protects all parties by documenting disclosure and consent when dual agency exists, reducing disputes about representation. It establishes expectations about confidentiality and negotiating authority, and creates a record that supports compliance with state real estate laws and professional rules.

Why this Confirmation Matters for Transactions

Who typically completes and signs this form

This confirmation is completed whenever a licensee or brokerage will represent both buyer and seller in the same transaction; it is required by many state real estate commissions.

  • Listing agent or listing broker completes the disclosure and obtains signatures from the seller and buyer.
  • Buyers and sellers review, ask questions, and sign to acknowledge understanding and consent.
  • Brokerage compliance or legal teams retain the signed form for recordkeeping and audit purposes.

Keep a dated copy in the transaction file and provide each party a copy; the document serves as evidence of informed consent in case of later disputes.

Step-by-step: Completing the Dual Agency Confirmation

Follow these steps to prepare, present, and finalize the confirmation so it is compliant and clearly understood by all parties.

  • 01
    Prepare form: Populate property and party details accurately.
  • 02
    Explain terms: Review duties, conflicts, and confidentiality with both parties.
  • 03
    Obtain consent: Have both buyer and seller sign and date the disclosure.
  • 04
    Distribute copies: Provide a copy to each party and store in the transaction file.

Core components every professional confirmation should include

A complete Real Estate Dual Agency Confirmation contains standard sections that document identities, agency scope, consent, and recordkeeping details so the disclosure is legally sound and operationally useful.

Identifying information

Full legal names of parties and brokerage, property address, MLS or parcel ID, and contact details to tie the disclosure to the exact transaction and participants.

Agency disclosure

A clear statement that the brokerage or licensee will represent both parties and an explanation of how duties and loyalties are limited under that relationship.

Confidentiality notice

Explanation of what the agent must and must not disclose, and whether confidential information will be protected or may be shared between parties.

Consent and initials

A dedicated consent block where buyer and seller acknowledge understanding; space for initials on multiple pages when jurisdictionally required.

Signature and date

Lines for printed name, signature, title (if applicable), and MM/DD/YYYY date for every signing party and the broker of record.

Brokerage acknowledgment

Broker or designated broker signature block confirming the broker’s role and confirming that the disclosure was provided prior to certain critical milestones.

Essential data elements to capture

Property ID: Address and MLS number
Buyer name: Full legal name
Seller name: Full legal name
Broker name: Legal brokerage name
Signature date: MM/DD/YYYY format
Consent type: Dual or designated agency

Key legal risks and penalties of improper disclosure

Regulatory discipline: License sanctions, fines, or suspension
Civil liability: Breach of fiduciary duty claims possible
Contract challenges: Undisclosed conflicts can void agreements
Reputational harm: Loss of client trust and referrals
Recordkeeping violations: Failure to retain disclosures may trigger penalties
Tax or escrow exposure: Errors can affect closing statements and filings

Common mistakes to avoid when preparing the confirmation

  • Failing to disclose dual representation before substantive negotiations begin, which can lead to claims that consent was not informed.
  • Using vague language about agency scope instead of stating specific limits on advocacy, confidentiality, and negotiation roles.
  • Accepting initials only on some pages or missing required signatures from all principals, creating incomplete evidence of consent.
  • Mixing multiple versions of the disclosure without clear version dates or retaining unsigned drafts alongside the executed copy.

Where to send and how the executed form enters the transaction file

Document routing ensures the confirmation is available to parties, escrow, and compliance personnel at key transaction stages.

  • To the parties: Email or hand a copy to buyer and seller.
  • Broker file: Retain original in brokerage transaction file.
  • Escrow/closing: Provide copy to escrow for closing records.
  • Compliance archive: Store in secure records for regulatory audits.

Basic online workflow setup for eSigning and storage

Configure the digital workflow to capture signatures, consent, and audit data and to distribute copies automatically to stakeholders.

Field Configuration
Signer authentication Email verification, optional SMS code
Required fields Property, parties, signature, date
Distribution Auto-send signed PDF to all parties
Retention Secure archive with audit trail

Digital signing and eSubmission considerations

Choose a platform that provides a tamper-evident PDF, an audit trail capturing timestamp and signer attribution, and secure storage.

  • Security: TLS 1.2/1.3 and AES-256 encryption
  • Compliance: Support for ESIGN, UETA, HIPAA (BAA available)
  • Integrations: Connects to CRM and cloud storage

Ensure the chosen provider supports downloadable signed PDFs with an embedded audit trail and offers role-based access control for transaction records.

Comparison: signNow and common eSignature vendors

Key pricing and capability points for eSignature vendors often used for real estate transaction documents; signNow appears first for direct comparison.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Yes Yes Yes Yes
Bulk Send Yes (premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA) Yes Yes No No

Notarization and authentication: practical steps and variations

When notarization or stronger signer authentication is needed, follow these steps to satisfy identity and record requirements, including options for Remote Online Notarization (RON).

01

Confirm need for notary

Determine whether the confirmation or related deed requires notarization in your state

02

Choose notarization type

In-person notarization or RON where permitted

03

Identity proofing

Use government ID, KBA, or credential analysis per RON rules

04

Audio-video record

RON workflows typically require A/V recording retention

05

Signer authentication

Consider SMS, knowledge-based verification, or certificate-based methods

06

Notary journal

Notary must record the act per state rules

07

Retention of session

Keep RON session records for the state-mandated term

08

Check state law

RON and notary rules vary — confirm with state notary authority

Frequently asked questions and solutions

Answers to common questions about preparing, signing, and storing Real Estate Dual Agency Confirmations.


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