Can a broker represent both the buyer and seller in a transaction in Indiana?

In Indiana, a broker can represent both the buyer and seller in a transaction, provided that there is informed consent from both parties. This practice is known as dual agency. For a broker to engage in dual agency, they must ensure that both the buyer and seller are fully aware of the implications of this arrangement and consent to it without any coercion or misunderstanding. This requirement for informed consent is crucial because it helps protect the interests of both parties and maintains the ethical standards of real estate practice.

The informed consent process typically involves disclosing to both parties that the broker will be representing both sides, explaining any potential conflicts of interest, and ensuring that both the buyer and seller agree to this arrangement in writing. This transparency fosters trust and respect in the broker-client relationship.

Having the ability to act as a dual agent can be advantageous in certain situations, as it allows for smoother negotiations and communication between the buyer and seller. However, the ethical responsibility to maintain a fair and impartial position remains paramount.