Agency

A Montana real estate licensee who represents both buyer and seller as a disclosed dual agent must obtain consent from both parties:

AOnly from the party paying the higher commission
BBefore providing any services that create a dual agency situation✓ Correct
COnly after an offer is accepted
DOnly in commercial real estate transactions

Explanation

Montana requires that dual agency be disclosed and consented to in writing before the dual agency situation arises—not after the fact. This allows both parties to make an informed decision about whether to proceed under dual agency before their confidential information is shared with the agent.

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