Understanding and Defending Dual Agency Claims Against Real Estate Licensees, DRI – Riding the E&O Line
By Joel T. Shackelford
(June 14, 2013)
The National Association of Realtors (“NAR”) reports that nearly one-quarter of all lawsuits filed where real estate licensees are named as defendants involve “agency” disputes. Given this staggering statistic, it is important to review and understand the underpinnings of the principal-agent relationship in real estate transactions, and the ethically and legally sensitive and complex issue of “dual agency” which brings about the greatest number of lawsuits filed against licensees in “agency” litigation. It is similarly important to know and inform one’s client to implement all best practices as to dual agency relationships in order to avoid the costly remedies against a real estate professional deemed to have violated the agency laws.