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South Carolina Dual Agency Consent Form

South Carolina Dual Agency Consent Form 2025

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The Dual Agency Agreement outlines the terms under which a real estate broker represents both the seller and buyer in a property transaction. It specifies the limitations of dual agency, including confidentiality obligations and the broker's role in facilitating communication between parties. The agreement modifies any previous agency agreements, establishes the duration of the dual agency, and emphasizes compliance with fair housing laws. It also allows for electronic execution and acknowledges that both parties should seek legal counsel if needed.

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Who must agree to multiple representation?

Multiple representation is not permitted unless each of the clients involved agrees. You should seek independent professional advice (for example, from your real estate lawyer) before proceeding.

Should seller agree to dual agency?

The buyers and sellers will need to provide written permission to the agent to move forward if dual agency comes into the picture. Without written consent from both parties, a dual agent will not be able to represent both parties.

Is dual agency allowed in South Carolina?

Dual agency is legal in South Carolina as long as there is informed and written consent from all parties prior to entering into negotiations.

When must you provide an agency disclosure to a South Carolina consumer?

(E) A licensee who has substantive contact with a potential buyer or seller shall provide to the potential buyer or seller an agency disclosure form at the first substantive contact.

When the seller or buyer agrees to dual agency?

Dual agency is when the same real estate agent represents the buyer and seller in a single transaction. Dual agency can simplify the sale for buyer and seller, but both parties lose out on having their own agent representing their interests in the deal.

Who must approve a dual agency representation?

Informed Consent Both parties involved in a dual agency transaction must provide their informed written consent for the arrangement to proceed. Without this consent, an agent cannot represent both sides.

What is a dual agency agreement?

Dual agency occurs when a real estate agent works on behalf of both the home buyer and seller. In most real estate transactions, it is much more common to have separate agents represent each party, as this helps avoid the conflict of interest that can happen when an agent negotiates for both sides.

South Carolina Dual Agency Consent Form 2025

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