When must an agency receive written consent for disclosed dual agency?

In Maine, written consent for disclosed dual agency must be obtained at the time of entering into a brokerage agreement. This is a critical step because it ensures that all parties involved are fully aware of the dual agency arrangement before any transactions take place. By obtaining consent upfront, the agency can legally represent both parties in a transaction while maintaining transparency and enthusiasm for adhering to the ethical guidelines set forth in real estate practice.

Other scenarios outlined, such as obtaining consent at closing or when the property disclosure is provided, do not align with the state's requirements for dual agency. Waiting until the client goes under contract would potentially create ethical and legal complications, as it may not allow sufficient time for clients to fully understand the implications of dual agency. Thus, securing written consent during the brokerage agreement phase is both a legal necessity and a best practice for maintaining a clear and ethical relationship between the agent and the client.