Agency

When a Montana broker represents both the buyer and seller in the same transaction (dual agency), this must be:

AAvoided entirely as it is illegal in Montana
BDisclosed to and consented to by both parties in writing✓ Correct
CDisclosed only to the buyer
DReported to the Montana Department of Commerce

Explanation

Dual agency is permitted in Montana but requires written disclosure and informed written consent from both the buyer and the seller before the broker can proceed. Without proper consent, dual agency constitutes a breach of fiduciary duty.

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