Dual Agency: What You Need to Know Before Using Same Agent to Buy & Sell a Home

When buying or selling a home, most people assume every real estate agent operates the same way. But there’s one arrangement that often surprises buyers and sellers — and it’s called dual agency.
Dual agency happens when one real estate agent (or even the entire brokerage) represents both the buyer and the seller in the same transaction.

At first glance, it might seem efficient. One agent. One point of contact. One streamlined process.
But beneath that simplicity are important risks, rules, and complexities that can directly impact your negotiation power, confidentiality, and overall outcome.

This guide breaks everything down so you can make informed decisions.

What Is Dual Agency?

Dual agency occurs when a single licensed agent — or sometimes the entire brokerage — takes on both parties in a real estate transaction.

On the seller’s side, the agent typically handles:

• Listing the property

• Marketing

• Pricing strategy

• Advising on offers

• Negotiations

These actions require loyalty, confidentiality, and fiduciary care.

On the buyer’s side, the same agent may:

• Help find the right property

• Analyze property value

• Draft the offer

• Negotiate terms

• Provide guidance

…and again, owe loyalty and confidentiality.

That overlap is where the conflict begins.
You can’t fully advocate for two sides with opposing interests — especially when money, timing, and strategy are involved.

Where Is Dual Agency Legal?

Dual agency laws vary dramatically depending on the state or region.

• Some places allow it with informed written consent from both parties.

• Others restrict it heavily.

• A few ban it entirely.

Before agreeing to dual agency, it’s essential to check your local regulations and your brokerage’s policies.

Why Dual Agency Creates Conflicts

Normally, real estate agents owe clients key fiduciary duties:

• Loyalty

• Confidentiality

• Full disclosure

• Obedience

• Reasonable care

In dual agency, two major duties collide:

1. Loyalty

An agent cannot be fully loyal to both sides when each side wants the best possible price and terms.

2. Confidentiality

A seller may have a bottom line — a buyer may have a maximum budget.
The same agent cannot ethically reveal either.

This results in a watered-down role where the agent becomes more of a neutral facilitator, offering facts rather than strategy.

Why Dual Agency Happens

Dual agency often arises out of convenience:

• A buyer meets the listing agent at an open house and asks them to write the offer.

• A property is off-market and one agent brings both sides together.

• Small towns or limited inventory make agent selection harder.

While convenience is appealing, it should never replace informed decision-making.

Potential Benefits of Dual Agency

Though limited, there are a few advantages:

• Faster communication

• Simpler scheduling

• One agent with deep knowledge of the property

• Potentially smoother logistics

But these benefits must be weighed against the significant downsides.

Major Drawbacks of Dual Agency

• Reduced advocacy — no one is fully fighting for your best deal

• Confidentiality risks

• Perceived (or real) bias

• Weak negotiation leverage

• Limited strategic advice

It is extremely difficult — often impossible — for one agent to negotiate aggressively against themselves.

Your Right to Say “No” to Dual Agency

If dual agency is permitted where you live, it must be disclosed in writing.
This consent should clearly explain:

• How the agent’s duties change

• What information will stay confidential

• What the agent can and cannot do

• How conflicts will be handled

And remember:
 You have the right to decline dual agency.
 You can request your own agent at any time.

Questions You Should Ask Before Agreeing

If dual agency is proposed, ask:

1. Is dual agency legal here?

2. How will your fiduciary duties change?

3. What information will remain confidential?

4. How do you handle conflicts of interest?

5. What happens if an issue arises mid-negotiation?

6. What alternatives do I have?

Good agents should answer these questions clearly — not avoid them.

Alternatives to Dual Agency

If you want full advocacy, consider:

1. Designated Agency

Different agents within the same brokerage represent each party separately.

2. Transaction Broker / Facilitator

A neutral party who helps with paperwork only — no advice, no advocacy.

3. Traditional Separate Representation

Each party uses their own agent from different brokerages, ensuring maximum loyalty and negotiation power.

Red Flags to Watch For

Be cautious if an agent:

• Pressures you to sign quickly

• Downplays the risks

• Avoids questions about their changing duties

• Refuses to provide the dual agency form

• Cannot explain how confidentiality will be protected

Transparency is non-negotiable.

Final Thoughts

Dual agency can work — if you fully understand the trade-offs and are comfortable with a neutral facilitator rather than a dedicated advocate.

For most buyers and sellers, especially in competitive markets, separate representation is the safest and most strategic option.

Your real estate decisions deserve clarity, protection, and strong negotiation — so choose the model that gives you the support you need.