In a scenario where both a seller and a buyer are clients of the same firm, what is true about multiple representation without designated agency?

In a scenario where both a seller and a buyer are clients of the same firm, multiple representation without designated agency allows for certain actions while maintaining fiduciary duties to both clients. The listing licensee can draft a counter-offer at the seller's request because they have a responsibility to facilitate negotiations on behalf of their client, which in this case is the seller.

The licensee is still obligated to act in the best interests of the seller while being mindful of the buyer’s interests, which means they can help communicate offers and counter-offers as needed. This must be balanced with the firm’s duty of confidentiality to both clients, meaning that the listing licensee would not disclose confidential information from one party to the other without consent.

This option reflects the practical reality of how real estate transactions can operate under dual agency situations where one agent represents more than one party, provided they adhere to the guidelines and laws governing such arrangements.