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Agents can avoid dual agency by joining NAEBA - if they qualify.
There is a lot written about the pitfalls of dual agency and there is a lot of good advice to buyers that they should avoid it.
There is not so much written about how either buyers OR agents CAN avoid it - or how they can be sure they will avoid it.
The choice has not been made clear. 
Part of the problem is the deceptive way in which many agents advertise. Much advertising violates both the NAR code of ethics (lets face it most real estate agents are members of NAR and are subject to NAR's COE.) and federal and state laws regarding deceptive and misleading advertising.  Of course we all know that it is (currently) highly unlikely that either NAR or government agencies will take action against those who engage in such advertising.
 
What do I mean - you may ask.  When a real estate licensee advertises real estate services and specifically states that they will act as a particular type of fiduciary a consumer should be able to rely on that representation.  In fact, usually they can not rely on it - and as much as the agent doing the advertising may WANT to provide the advertised ... more

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