In a common law jurisdiction, what must a broker representing both the seller and buyer as a dual agent have?

In a common law jurisdiction, a broker acting as a dual agent must have a signed disclosure and consent from both parties involved in the transaction. This requirement stems from the need for transparency and to ensure that both the buyer and the seller are fully aware of the broker's role in representing their interests simultaneously.

By obtaining a signed disclosure and consent, the broker not only complies with legal obligations but also helps foster trust and maintain ethical standards in the transaction. This documentation protects the rights of both parties and outlines the potential conflicts of interest that may arise when the broker represents both sides.

Verbal agreements, invitations to meet, or individual contracts with each party do not provide the same level of clarity or protection and may not be legally binding. Hence, the signed disclosure and consent serve as critical evidence that both parties agree to the broker’s dual agency role and understand the implications that it entails.