If a broker is acting as a dual agent, what guidelines must they follow regarding closing disclosures?

In the context of dual agency, a broker represents both the buyer and the seller in a real estate transaction. The key guideline that governs closing disclosures in such situations is that the broker is required to provide only the buyer with their respective closing disclosure (CD) and the seller with theirs.

This approach maintains the balance and integrity of the broker's dual role. By offering each party their own respective CD, the broker ensures that both parties receive the necessary information pertaining to their transaction while also upholding confidentiality standards. It prevents any potential conflicts that might arise from disclosing one party's financial details to the other party, ensuring that each party is informed without compromising their individual interests.

Consequently, while both parties are entitled to the disclosures relevant to their transactions, the dual agent's responsibility lies in providing each with the appropriate and separate documentation rather than sharing both sets of disclosures or waiting until after settlement. This practice aligns with the dual agency guidelines aimed at protecting both the buyer's and seller's rights and interests.