When should dual agency be disclosed in advertising?

• A. Only if the client asks about it
• B. If the brokerage or agent represents both sides; provide clear disclosures to clients and comply with state regulations to avoid conflicts
• C. Disclosures are not necessary if both sides have agreed
• D. Only in written contracts, never in advertising

Answer: (B)

Dual agency creates a potential conflict of interest when one brokerage represents both sides, so advertising must clearly disclose this status. Transparency helps clients understand who the agent represents and what duties apply, and it aligns with state real estate laws and advertising rules. The disclosure should be clear and conspicuous in the ad and reflect any required consent or disclosures mandated by state regulations. Even if both sides have agreed to dual agency, many jurisdictions still require disclosure in advertising to avoid misrepresentation and to protect all parties. This proactive approach ensures buyers and sellers know the nature of representation and can seek separate counsel or representation if they prefer.