Which boxes should I check on the WWREA form with a seller?

QUESTION: I am filling out the Working with Real Estate Agents Disclosure (WWREA) with a potential seller-client. We have not signed an agency agreement yet. The seller is asking me a lot of questions about dual agency, and I don’t know which of the two lines to check in that section. Do I fill out the WWREA the same way as the listing agreement? Can you explain the differences between dual agency and designated dual agency in the disclosure?

ANSWER: When completing the WWREA Disclosure, you should check all types of agency relationships your firm offers, not just the one the client will ultimately select, and explain the differences between them. Once you have gone through all the different options available in the WWREA, then you should choose one option when you sign the listing agreement if dual agency is permitted.

There are three ways to practice dual agency if the seller permits it, and all three are available as options to be initialed in the Exclusive Right to Sell Listing Agreement (Form 101):

1. Dual Agency with One Agent – The same agent in the firm will represent both the buyer and the seller, but the agent will be limited in the guidance they will be able to provide. Specific guidance on purchase price, length of the Due Diligence Period, and other specific contract terms is not permitted from the dual agent.
2. Dual Agency with Two Agents in the Same Firm – This is similar to option 1 above, except each party works with a different agent in the same firm. However, these agents still function under the rules of dual agency explained in option 1, meaning they cannot give their clients specific guidance that would give one side an advantage over the other. This is not considered designated dual agency.
3. Designated Dual Agency – Buyer and seller each have their own agent in the same firm, and there is a “firewall” between them. Both agents represent their clients as if each agent was in a separate firm. Specific guidance can and should be given.

As you can see, there is a lot of similarity between options (1) and (2). This is why both options are under the heading of “Dual Agency” in the WWREA and separate from (3). In the WWREA under the “Dual Agency” heading, it says that as to (1) and (2): “a dual agent’s loyalty would be divided between you and the buyer, but the firm and its agents must treat you and the buyer fairly and equally and cannot help you gain an advantage over the other party.” To help dual agents operating under (1) and (2), Form 101 outlines the dual agent’s responsibilities in section 11(a).

So, as to your question, if either (1) and (2) or both are offered by your firm, then check the “Dual Agency” line in the WWREA.

If your firm offers designated dual agency, then check that line in the WWREA. If your firm offers all three options, then check both the “Dual Agency” line and the “Designated Dual Agency” lines in the WWREA. However, when it comes time to sign the listing agreement, make sure you pick only one option. If your dual agency status changes during the term of the listing agreement, you can use Form 710 to update the agreement in writing.

Release Date: 6/19/2025

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