DUAL AGENCY CONFIRMATION Adopted Form of The Mississippi Real Estate Commission Jackson, MS
This Dual Agency Confirmation is an addendum to and made part of the Offer to Purchase dated _________________, 20______, between the above-captioned Seller and Buyer for the purchase of the specifically identified property.
The undersigned acknowledges that the licensee has explained dual agency representation to them and they have received the following information regarding disclosed dual agency:
1. A disclosed dual agent is a licensee who, with the informed written consent of Seller and Buyer, is engaged as an agent for both Seller and buyer.
2. As a disclosed dual agent the licensee shall not represent the interests of one party to the exclusion or detriment of the interests of the other party. A disclosed dual agent has all the fiduciary duties to the Seller and Buyer that a Seller’s or Buyer’s agent has except the duties of full disclosure and undivided loyalty.
3. A disclosed dual agent may NOT disclose:
(a) To the Buyer that the Seller will accept less than the asking or listed price, unless otherwise instructed in writing by the Seller;
(b) To the Seller that the Buyer will pay a price greater than the price submitted in a written offer to the Seller, unless otherwise instructed in writing by the Buyer;
(c) The motivation of the Seller or Buyer for selling, buying or leasing a property, unless otherwise instructed in writing by the respective party or
(d) That a Seller or Buyer will agree to financing terms other than those offered unless instructed in writing by the respective party. Seller and Buyer hereby confirm that they give their informed consent to the disclosed dual agency of: ___________________________________ and _______________________ __________________________ Name of Brokerage Firm Name of Licensee Name of Licensee who represent both Seller and Buyer in this transaction.
Seller (print name):_______________________________________________
Buyer (print name):_______________________________________________
This Dual Agency Confirmation form is Seller, Buyer and Property specific. It has been adopted by the Mississippi Real Estate Commission and is required to be used by real estate licensees pursuant to Rule IV. E. of the Rules and Regulations. MREC-AD2 [Feb. 2001]