What must an agent do if they choose to be a dual agent?

When an agent chooses to act as a dual agent, it is essential that they obtain consent from both principals involved in the transaction. This requirement arises from the principle of informed consent in agency law, which mandates that both parties must be fully aware of the agent's dual role and agree to it voluntarily.

In dual agency situations, the agent has the responsibility to provide services to both parties while simultaneously managing the conflict of interest that can arise from representing opposing interests. Failing to secure consent from both principals could lead to claims of breach of fiduciary duty, as the agent may have conflicting obligations that could compromise the interests of one party over the other.

Maintaining confidentiality is also a core component of an agent's duty, but it becomes particularly complex in dual agency scenarios, where the agent must navigate the confidentiality interests of both parties. Regardless, obtaining consent from both principals is the foundational requirement for legally and ethically conducting dual agency.