Golden Gate University Law Review Volume 12 | Issue 2 Article 2 January 1982 Dual Agency in Residential Real Estate Brokerage: Conflict of Interest and Interests in Conflict Robert E. Kroll Follow this and additional works at: http://digitalcommons.law.ggu.edu/ggulrev Part of the Property Law and Real Estate Commons Recommended Citation Robert E. Kroll, Dual Agency in Residential Real Estate Brokerage: Conflict of Interest and Interests in Conflict, 12 Golden Gate U. L. Rev. (1982). http://digitalcommons.law.ggu.edu/ggulrev/vol12/iss2/2 This Comment is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Golden Gate University Law Review by an authorized administrator of GGU Law Digital Commons. For more information, please contact
[email protected]. Kroll: Dual Agency in Real Estate COMMENTS DUAL AGENCY IN RESIDENTIAL REAL ESTATE BROKERAGE: CONFLICT OF INTEREST AND INTERESTS IN CONFLICT The most critical issue in today's real estate transactions is the inherent conflict of interest created by dual representation by the real estate broker in the usual real estate transaction. The problem is endemic in the common transaction 1 I. INTRODUCTION The nature of the agency relationships between residential real estate brokers and their clients has always been somewhat paradoxical, very problematic, and fraught with potential fraud, malfeasance, and serious conflicts of interest.1 Unsophisticated vendors and purchasers of residential property rely heavily on the expertise of real estate brokers in matters of price, terms, financing, and the condition and habitability of the real property in question despite the fact that conflicting loyalties and objec tives commonly exist between the real estate broker and the bro ker's clients.