Can a real estate licensee represent both the buyer and seller in the same real estate transaction?

A real estate licensee can represent both the buyer and seller in the same transaction through a disclosed limited agency agreement. This practice is commonly known as dual agency. In Oregon, the law allows for dual agency as long as both parties are informed, consent to the arrangement, and understand the implications involved. The key components include full disclosure to both parties regarding the dual representation and obtaining their written consent.

This approach helps ensure that both the buyer and seller are aware that the agent has a fiduciary duty to both, which can create potential conflicts of interest. However, as part of this agreement, the licensee must remain neutral and cannot advocate for one party over the other. Therefore, having a disclosed limited agency agreement provides a legal framework that protects all involved parties, ensures transparency, and allows the transaction to proceed smoothly while adhering to regulatory guidelines.