In Saskatchewan real estate, a Limited Dual Agency arrangement arises when a brokerage represents both the buyer and the seller in the same transaction. This scenario is governed by the Saskatchewan REALTORS® Association's Limited Dual Agency Acknowledgement Form (Form 204, revised 01/2023), which outlines how these relationships are managed to ensure fairness, transparency, and compliance with legal obligations.
What is Limited Dual Agency?
Limited dual agency occurs when:
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The same brokerage represents both the buyer and seller.
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The same salesperson, or different salespeople from the same or different branches of the brokerage, act for both parties.
This situation requires explicit acknowledgment from both buyer and seller, ensuring they understand and consent to the brokerage's dual role.
Key Duties and Limitations of the Brokerage
When operating under limited dual agency:
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The brokerage does not disclose if the buyer or seller will accept or offer different terms than those in their contracts.
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The brokerage cannot reveal the motivation of either party unless authorized.
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The brokerage must disclose any known material defects in the property.
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The brokerage must remain neutral, avoiding favoring one party over the other.
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The brokerage will not share personal or financial details without permission.
Why Choose Limited Dual Agency?
This arrangement can streamline negotiations and simplify communication when both parties agree. However, buyers and sellers should carefully weigh the benefits against potential concerns about representation and confidentiality.
Posted by Kent Braaten on
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