In dual agency situations, which duty can the parties agree to waive?

In dual agency situations, the parties can agree to waive the duty to submit additional offers after acceptance. This duty typically involves the agent's obligation to present any new offers received after an initial acceptance has taken place. In a dual agency scenario, where one agent represents both the buyer and the seller, this duty can be adjusted or waived as both parties may agree to focus on the transaction at hand rather than entertain other offers that could complicate or jeopardize their agreement.

The responsibilities of loyalty and disclosure of conflicts of interest are fundamental ethical obligations in real estate practices. Waiving these responsibilities could undermine the trust and transparency necessary for a successful and fair transaction. Similarly, the duty to recommend expert advice holds significant importance to ensure that clients make informed decisions, so waiving that duty could expose parties to risks or errors in judgment. Thus, the only duty that can be mutually waived without significant ethical implications in a dual agency situation is the duty to submit additional offers after acceptance.