This bill would prohibit real estate brokers and salespeople from representing both the seller and buyer in a real estate transaction. This practice is commonly referred to as dual agency and 8 states across the U.S. have taken action to prohibit or restrict this type of real estate transaction. Per the Statutes of Frauds, these transactions must have written and signed consent by both parties represented by the dual agent. However, the dual agent is unable to fulfill their fiduciary duty to their client due to their duty of confidentiality.

In recognition of the recent National Association of Realtors lawsuit settlement and the action taken in other states to provide an extra level of consumer protection, by prohibiting dual agency the hope is to ensure the fiduciary duty of the agent is fully fulfilled — supporting all consumer’s right to protection.