KeyAccess

US

Dual agency

Dual agency is when one brokerage, and sometimes one licensee, represents both the buyer and the seller in the same US deal. Many states restrict it or require written consent from both sides. It is not an English sole agency.

Also called Dual representation.

Do not assume it

Whether it is allowed, and what must be disclosed, is state law plus the brokerage policy. An assistant must not draft “we represent both of you” unless that consent is already on the file. British firms that act for the vendor and also help the buyer are in a different legal setting. Describe the agreement you have, not a US label.

Confidential figures

The seller’s bottom line and the buyer’s maximum are the facts most likely to be misused in a dual role. They do not belong in a shared email, a portal remark or a chat log.

Questions

What does Dual agency mean?

Dual agency is when one brokerage, and sometimes one licensee, represents both the buyer and the seller in the same US deal. Many states restrict it or require written consent from both sides. It is not an English sole agency.

General information for agency staff, not legal advice. Rules and local practice change. Check the official source before you rely on a definition in a client letter.