What is required for dual agency to be valid in Alabama?

In Alabama, for dual agency to be valid, it is essential that there be informed consent from both parties involved in the transaction. Informed consent means that both the buyer and the seller are fully aware of the implications of dual agency and agree to it with a clear understanding of how it may affect their interests.

This concept is crucial in real estate transactions to ensure that both parties are protected and have agreed to a situation where the agent represents both sides. The requirement for informed consent helps to maintain transparency and fairness throughout the transaction process.

While exclusive agreements, written consent, or oral consent may involve aspects of representation, they do not fully capture the necessity of both parties being informed about what dual agency entails and providing their consent based on that understanding. Therefore, the requirement for informed consent ensures that both parties have the opportunity to ask questions, consider their options, and understand the potential conflicts of interest that can arise from the agent representing both sides.