Fair Housing

A North Dakota seller's real estate agent who participates in dual agency (representing both buyer and seller) without proper disclosure and consent is:

AActing in the seller's best interest
BViolating fiduciary duties and NDREC rules, and may face discipline and civil liability✓ Correct
CPermitted if the agent is neutral
DCompliant as long as they disclose after closing

Explanation

Undisclosed dual agency violates the licensee's fiduciary duties to both clients and NDREC disclosure requirements. Written informed consent from both parties is required before a licensee may represent both in the same transaction.

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