Sometimes a licensee finds themselves representing both the buyer and seller in the same transaction. In Maine, this is permitted only through Disclosed Dual Agency and requires the written informed consent of all parties. When a licensee becomes a disclosed dual agent, the nature of the relationship changes significantly. The licensee continues to represent both clients through the transaction, but its ability to advocate fully for either party becomes limited. The disclosed dual agent must provide fiduciary duties to both parties but abide by the specific limitations in the law. |
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A disclosed dual agent may share information necessary to facilitate the transaction, but certain confidential information must remain protected. Unless specifically authorized by the client, a dual agent cannot disclose:
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One of the most common misconceptions about disclosed dual agency is that the agent continues to provide the same level of advocacy they provided before dual agency was established. In reality, once dual agency begins, the agent's role shifts. It is not always about what you MUST NOT disclose, but what you MUST disclose.
| Friday Finding: Disclosed dual agency is not "representing both sides equally." It is a limited agency relationship where advocacy is reduced, confidentiality remains critical, and neutrality becomes essential. Reference: Title 32, Chapter 114, §13275 |
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