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Which of the following correctly defines the term 'dual agency' in Idaho?

  1. Representing only the buyer in a transaction

  2. Representing both the buyer and the seller simultaneously

  3. Representing a party without their knowledge

  4. Representing a party with full disclosure

The correct answer is: Representing both the buyer and the seller simultaneously

The definition of 'dual agency' in Idaho entails a real estate agent representing both the buyer and the seller in the same transaction simultaneously. This scenario creates a unique situation where the agent must navigate the interests and needs of both parties, maintaining a balance that respects the confidentiality and intentions of each client. In Idaho, dual agency is permitted, but it requires full disclosure to both parties involved in the transaction. This means that both the buyer and the seller must be fully aware that the agent is acting in this dual capacity, which can affect the negotiation process and the agent's responsibilities. The dual agent cannot favor one party over the other since doing so would breach their fiduciary duty. Understanding dual agency is critical for real estate professionals and clients alike, as it outlines the complexities involved in such arrangements and emphasizes the importance of transparency in real estate transactions.