Sometimes the agent listing a home also ends up representing the buyer — or two agents at the same brokerage represent each side. That's dual agency (or designated agency), and it's one of the most misunderstood arrangements in real estate. It isn't automatically bad, but it does carry a structural conflict of interest you should understand before you consent to it. Here's how it works and how to protect yourself.
Source: RESMP editorial guidance; agency rules vary by state law — confirm locally.
What dual agency is
In a typical deal, the buyer and seller each have their own agent advocating solely for them. Dual agency is when a single agent represents both parties in the same transaction, or (depending on the state) when two agents from the same brokerage represent each side. Because one agent can't fully advocate for two parties with opposing interests, their role narrows to a more neutral facilitator.
The built-in conflict
The conflict is structural, not personal: the buyer wants the lowest price, the seller wants the highest, and an agent serving both can't push hard for either without undercutting the other. A dual agent generally can't share confidential information — like how low a seller would go, or how high a buyer would pay. You may lose the full-throated advocacy and negotiation that's often the most valuable thing an agent provides.
Rules, disclosure, and consent
Laws differ significantly by state — some restrict or outright prohibit dual agency, others allow it with conditions. Where it's permitted, the agent must disclose it and obtain your informed, written consent; it can't happen behind your back. If you're ever asked to consent, treat it as a real decision, not a formality, and make sure you understand exactly what representation you're giving up.
How to protect yourself
The simplest protection is having your own dedicated agent from the start, whose only job is your side of the deal. If dual agency comes up, you can decline and ask for separate representation. RESMP matches buyers and sellers with their own verified local agents, so you go in with someone clearly in your corner — and you're never quietly nudged into representing yourself against a pro.
Frequently Asked Questions
Is dual agency bad for buyers or sellers?
It's not automatically bad, but it carries a built-in conflict: one agent can't fully advocate for two opposing sides, and can't share confidential information. You may lose strong negotiation and advice. Understand the trade-off before consenting.
Is dual agency legal?
It depends on your state. Some restrict or prohibit it; others allow it with mandatory disclosure and your written consent. It can never happen without you being informed and agreeing.
How do I avoid an unwanted dual-agency situation?
Have your own dedicated agent from the start, and decline dual representation if it's offered. RESMP matches you with your own verified local agent so someone is clearly representing only your interests.
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April 2026