Which duty cannot be waived by an agent in a dual agency?

The duty to recommend that parties seek expert advice cannot be waived by an agent in a dual agency situation because it is a fundamental responsibility that serves the best interests of both clients. In a dual agency arrangement, where one broker represents both the buyer and the seller, the agent must ensure that both parties receive the necessary guidance regarding the complexities of a real estate transaction.

This duty is critical because it helps to protect the interests of each party, ensuring they are making informed decisions based on sound, professional advice. Recommending that clients consult with experts in areas such as legal, financial, or property inspections is essential to uphold the agent's fiduciary responsibility.

While other duties, like advocating for one party's interests, can become complicated in a dual agency situation—where one agent cannot fully represent the best interests of both sides simultaneously—the duty to recommend seeking expert advice remains non-negotiable. Agents must uphold the ethical standards of their profession, thereby guiding their clients to additional resources and expertise, which is crucial for mitigating risks and enhancing informed decision-making.