What are the five steps that a real estate practitioner should follow when dealing with a dual agency to ensure that agency is not breached?

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The correct response outlines the essential steps a real estate practitioner should take to properly manage a dual agency situation, thereby preventing any breach of agency.

Initiating the process with a "Working with a REALTOR" form is critical as it ensures clarity in the roles and responsibilities. This form acts as an introduction to the agency relationships and informs clients about the nature of dual agency. Following this, establishing a dual agency agreement is fundamental because it explicitly states the consent of both parties involved in the dual agency relationship, ensuring that all parties are aware and have given their permission to proceed under these conditions.

Presenting the offer in writing is a necessary step to maintain transparency and to document the negotiation process. This also allows for clear communication of terms and provides a record that can be referred to later. Subsequently, obtaining the seller's consent exemplifies the need to ensure that both clients are fully informed and agree to any actions taken by the agent on their behalf.

Lastly, presenting the offer is the final step in the process, where the agent delivers the proposal to the appropriate party while ensuring that fiduciary duties are upheld throughout the transaction.

Each of these elements is vital for safeguarding the agency’s integrity and ensuring compliance with legal and ethical standards.

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