Buyer's Agent vs. Dual Agency
Dual agency occurs when a single agent, or sometimes a single brokerage, represents both the buyer and seller in the same transaction, which is treated differently — and is sometimes restricted — depending on the state.
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Exclusive Buyer's Agent
An agent represents only the buyer's interests in the transaction, with no divided loyalty to the seller.
- Full, undivided representation focused solely on the buyer's interests
- Can negotiate more assertively on price and terms without conflicting duties
- Requires coordinating with a separate listing agent representing the seller
Dual Agency
A single agent or brokerage represents both the buyer and seller, requiring disclosure and consent, and is restricted or prohibited outright in some states.
- Can sometimes streamline communication since one party arranges both sides
- May be the only option in some smaller markets with limited agent availability
- The agent's duty to advocate assertively for either side is legally limited
- Not permitted at all in some states, and requires informed consent where allowed
- Less negotiating leverage since the agent can't fully advocate for just one side
Which one makes sense for you?
An exclusive buyer's agent generally provides stronger representation focused entirely on your interests. Dual agency isn't permitted everywhere, and where it is allowed, it comes with legally limited advocacy for either side — most buyers and sellers are better served avoiding it when a reasonable alternative, like separate agents from the same brokerage, is available.
Key cost factors.
- Whether dual agency is even permitted in your state
- How much negotiating leverage matters for this specific transaction
- Local agent and brokerage availability
- Your comfort with a limited-representation arrangement, if disclosed and offered
Before you decide.
- Does my state allow dual agency, and does this specific situation qualify?
- What exactly changes about my representation if I agree to dual agency?
- Is there a way to have separate agents from the same brokerage instead of true dual agency?
Frequently asked questions.
Is dual agency illegal?
It's not illegal everywhere, but rules vary significantly by state — some prohibit it outright, others allow it only with specific disclosure and written consent from both parties.
All figures on this page are illustrative examples for general education, not quotes, appraisals, or guarantees of actual pricing. Actual costs vary by provider, location, project scope, and market conditions — always get a specific quote before making a purchasing decision.
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