noun phrasereal estate

dual agency

A situation where one agent or agency represents both the buyer and the seller in the same transaction.

Definition

Dual agency creates a conflict of duties, because the same firm owes obligations to two parties with opposed interests, such as price. Some places prohibit it, some allow it with informed written consent, and some use a neutral facilitator role instead. If it arises, ask what exactly the agent can and cannot do for each side, what information stays confidential, and whether you want separate representation. The issue appears outside property too whenever one agent serves both sides. Ask for any consent to be in writing and in plain language, and remember that you can decline and seek separate representation.

In a sentence

  • The agency disclosed it would be acting as a dual agency and asked for written consent.

  • The buyer chose separate representation instead.

Related terms

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