Roles
What is dual agency?
Dual agency is when a single agent or brokerage represents both the buyer and the seller in the same transaction, creating an inherent conflict between two clients with opposing interests.
The conflict is structural, not a question of character. An agent cannot simultaneously advocate for the highest price and the lowest one, or advise both sides on the other's negotiating position.
Jurisdictions handle this very differently: some prohibit it outright, some require written informed consent, and some permit designated agency, where two agents in the same brokerage represent opposite sides with information barriers between them.
Where it is permitted, the agent's role usually narrows to facilitating rather than advising, and clients should understand they are giving up representation on exactly the questions where it matters most.
Related terms
A listing agreement is the contract between a seller and a brokerage that authorises the brokerage to market the property, setting the price, duration, compensation and the extent of exclusivity.
A buyer's agent represents the purchaser in a property transaction, owing them fiduciary duties and advising on price, terms, negotiation and process — as distinct from the listing agent, who represents the seller.
A pocket listing is a property marketed privately, without being entered into the MLS, so that only the listing agent's own network sees it.
Fiduciary duty is the legal obligation an agent owes a client to act in that client's best interest — including loyalty, confidentiality, full disclosure, obedience to lawful instruction, and reasonable care.