Ah, dual agency. Few concepts in real estate create as much curiosity, confusion, and debate as the idea of one professional representing both sides of a transaction. It sounds simple on the surface, but like most things in real estate, the details are where the conversation begins.
What dual agency actually is
At its core, dual agency is this: one real estate professional or firm represents both the buyer and the seller in the same transaction, with proper disclosure and consent where permitted.
Simple, right? Of course not. This is real estate. We have a remarkable talent for taking a straightforward concept and turning it into a conversation involving agency relationships, fiduciary duties, confidentiality, informed consent, and someone eventually asking: “So…whose side are you on?”
Excellent question. And that question is exactly why dual agency deserves careful consideration.
The appeal is obvious
A buyer wants a home. A seller wants to sell a home. The agent already knows the property. Communication may feel easier. The transaction may appear more efficient. Everyone thinks: “Great! One person who knows everything.”
And there is the challenge. In real estate, knowing everything can become the very thing that creates the problem.
Different objectives, one agent
- A seller wants the highest possible price. A buyer wants the best possible terms.
- A seller may want to minimize concessions. A buyer may want to negotiate aggressively.
- A seller may want flexibility. A buyer may need protection and guidance.
These interests are not always identical. That is where fiduciary duties enter the conversation. Real estate professionals have obligations to the clients they represent, including duties of loyalty, confidentiality, disclosure, obedience, and putting their client’s interests first.
Dual agency creates a unique situation because one agent is attempting to represent two clients whose interests may not always align. The question becomes: how do you advocate fully for both sides when both sides may want different outcomes?
Where I stand
Some buyers and sellers are comfortable with dual agency. They understand the relationship, appreciate the convenience, and believe the benefits outweigh the limitations. Others prefer separate representation because they want an agent whose sole focus is protecting their individual interests. That is a valid choice.
Personally, I do not practice dual agency. Why? Because I believe my clients deserve full representation and an advocate whose focus is exclusively on their goals, their concerns, and their best interests. For me, dual agency opens the door to potential issues when it comes to fiduciary duties.
Even when everyone acts professionally and ethically, the reality remains: a buyer and seller are entering a transaction with different objectives. One side is buying. One side is selling. One side is trying to maximize value. The other side is trying to maximize opportunity. I believe the best way to serve my clients is to avoid situations where competing interests could create limitations on the representation I provide.
The real takeaway
That does not mean dual agency is automatically wrong. It means it is a choice, and choices in real estate should be made with a full understanding of what they mean. The biggest problem is not dual agency itself. The biggest problem is when people agree to something without understanding it.
Read the disclosure. Ask questions. Understand the relationship. Know who is representing whom. Because real estate is more than contracts and keys. It is trust. It is responsibility. It is having confidence that the person sitting across the table is truly focused on your interests.
So, dual agency: to agree, or agree to disagree? The answer is simple: understand what you are agreeing to, and choose the type of representation that best protects your goals. Because when it comes to one of the largest financial decisions most people will ever make, having someone fully in your corner matters.
Have questions about representation in your move? Reach out any time — no pressure, no obligation.
