The dual agency chapter of my pre-license material makes no sense
I'm three chapters into the pre-license material and the dual agency section reads like it was written by two people arguing. One page says the agent owes undivided loyalty to the client. The next page says with written consent the agent can represent both parties and owes limited duties to each.
I don't understand how loyalty gets divided in half and stays loyalty. If I'm the seller's agent and I know the seller will take 20k less than asking, and then I also represent the buyer, I'm sitting on information that one of my two clients would pay real money for.
The book's answer is that I don't disclose it to either side. So I go from advocate to a person who holds a secret and processes paperwork.
What I'm actually trying to decide is practical. My state allows it with consent. The firm I'm interviewing with next week does a fair amount of it, they told me that up front, and they framed it as an efficiency thing on straightforward deals. Another firm I talked to said they don't do dual agency at all and use designated agents instead.
I don't know enough yet to know whether the first firm is telling me something about their culture or just telling me about their state. If I take the job and I'm uncomfortable the first time it comes up, I've made my problem worse.
So the question I keep circling: does a new agent at a firm that does dual agency actually get to opt out of it, or is that a thing you say no to once and then stop getting floor time?