In a dual agency, which duty may be waived by the parties?

• A. The duty to present all offers received by the licensee
• B. The duty to maintain confidentiality if evidence is clear
• C. The duty to treat all parties equally
• D. The duty to submit additional offers after acceptance

Answer: (D)

In dual agency, the licensee represents both parties in the same transaction, which creates potential conflicts between fiduciary duties like loyalty, confidentiality, and fair dealing. Because of that, the parties can give informed written consent to waive certain duties to allow smoother negotiation and reduce competing obligations. The duty that may be waived is the obligation to submit additional offers after an offer has been accepted. Once an offer is accepted and a contract is in motion, pursuing or presenting more offers could undermine the agreed terms, so with mutual consent the parties can waive this obligation and focus on the existing contract (though back-up offers may still be handled under the contract’s terms). The other duties—presenting all offers, maintaining confidentiality, and treating all parties fairly—are standard fiduciary duties that generally remain in place unless a specific, informed, written waiver is provided and signed by both clients.