What is dual agency?
Dual agency happens when the same brokerage or agent is involved with both the buyer and the seller in the same transaction. It can be legal with proper written consent, but it changes what advice and advocacy can look like.
Ask us about representationWhy buyers should understand it
A Realtor representing a seller owes duties to that seller. A buyer's agent is focused on the buyer's interests. In a dual agency situation, the agent must remain impartial and cannot fully advocate for one side against the other in the same way. That can make negotiations, confidential information, and strategic advice more complicated.
Common ways dual agency can happen
- You are working with an agent and become interested in a home that agent or brokerage has listed.
- You visit an open house hosted by the seller's agent and decide you want to make an offer.
- You call the number on a yard sign, tour the home with the listing agent, and then decide to pursue that property.
What the agent can and cannot do
In dual agency, the agent must deal with both buyer and seller impartially, disclose known material facts, and protect confidential information. The agent generally cannot reveal what one side would really accept, why one side is motivated, or personal information that has not been authorized for disclosure.
