Why I Personally Avoid Dual Agency in Real Estate

One of the most important things a buyer or seller can understand is also one of the least exciting topics in real estate:

Who does the agent actually represent?

Agency relationships may sound like legal fine print, but they affect the advice you receive, the information your agent can share, and the level of advocacy you should expect throughout a transaction.

I was reminded of this recently when someone called me directly about one of my listings. They had found the property online and wanted to schedule a showing.

Rather than automatically offering to represent the buyer myself, I contacted a trusted agent who could reach out, learn more about the buyer’s needs, and potentially represent them independently.

Why would I refer that opportunity to another agent?

Because I already represent the seller.

And, whenever reasonably possible, I believe both sides of a real estate transaction deserve someone whose loyalty is clearly and fully aligned with them.

What Is an Agency Relationship?

An agency relationship is the professional relationship formed when a real estate brokerage and licensee represent a client.

That client might be:

• A seller who has hired an agent to market and sell a property
• A buyer who has hired an agent to help locate and purchase a property
• Both parties, when dual agency has been properly disclosed and accepted

In Pennsylvania, consumers should receive a Consumer Notice when a substantive real estate discussion first occurs. The notice explains the different relationships a consumer may have with a real estate licensee. It is not simply another form to rush through. It helps establish whether the agent represents you, represents someone else, or is acting in another permitted capacity. 

That distinction matters.

What Does a Listing Agent Owe the Seller?

When a seller hires a listing agent, the agent is there to protect and promote the seller’s interests within the boundaries of the law and the listing agreement.

The agent’s role may include:

• Advising the seller about pricing and positioning
• Marketing the property
• Communicating showing activity and market feedback
• Presenting offers
• Discussing the strengths, risks, and possible consequences of different terms
• Helping the seller evaluate negotiation strategies
• Protecting the seller’s confidential information

A listing agent must still deal honestly with buyers. The agent cannot be deceptive, conceal known material defects, or misrepresent the property.

But honesty is not the same thing as representation.

A listing agent may be friendly, responsive, informative, and helpful to an unrepresented buyer. That does not automatically make the listing agent the buyer’s advocate.

Unless another agency relationship is established, the listing agent’s client is still the seller.

What Happens When a Buyer Calls the Listing Agent Directly?

There is nothing inherently wrong with a buyer calling the listing agent.

A buyer may simply want information about the property, request a showing, or decide that they do not want their own representation. Buyers should understand, however, that speaking directly with the listing agent does not erase the agent’s existing duties to the seller.

The listing agent may be able to:

• Answer factual questions about the property
• Provide available disclosures and documentation
• Arrange access to the home
• Explain general transaction procedures
• Prepare documents at the buyer’s direction, depending on the relationship established

But the buyer should not assume the listing agent can privately advise them in the same way an exclusive buyer’s agent could.

For example, a buyer might naturally want to ask:

• How low do you think the seller will go?
• What offer price would give me the best deal?
• How much leverage do I have?
• Which contingencies should I include or waive?
• Do you think the seller is desperate to move?
• What should I say to make my offer more appealing without overpaying?

Those are not merely administrative questions. They involve strategy, negotiation, motivation, risk, and the buyer’s best interests.

When the agent already owes duties to the seller, the ability to advise the buyer against the seller’s interests becomes limited.

What Is Dual Agency?

Dual agency occurs when the same brokerage, and sometimes the same individual licensee, represents both the buyer and seller in the same transaction.

Pennsylvania permits dual agency, but it requires disclosure and the written consent of both parties. A dual agent may not take action that is adverse or detrimental to either party’s interests. 

That protection is important, but it also explains the practical limitation.

A dual agent cannot fully advocate for one client in a way that harms the other client.

The agent must remain neutral where the parties’ interests conflict.

Dual agency does not mean the agent stops working. The agent can still facilitate communication, manage paperwork, coordinate deadlines, disclose known material defects, and help move the transaction forward.

But facilitation and advocacy are not the same service.

The Question I Cannot Ignore

When I think about dual agency, I come back to one question:

How can one person fully advocate for the seller’s highest and best outcome while also fully advocating for the buyer’s lowest-risk, most favorable purchase?

The seller may want:

• The highest possible price
• The fewest contingencies
• The strongest deposit
• The shortest inspection period
• The least exposure to repair requests
• The greatest certainty of closing

The buyer may want:

• The lowest defensible price
• Protective contingencies
• Sufficient inspection rights
• Assistance with closing costs
• Flexibility if financing or inspections reveal a problem
• Protection from taking on unnecessary risk

Neither side is wrong. Their interests are simply different.

That does not make dual agency illegal or automatically unethical. It means the agent’s role changes because the agent cannot favor either client when their interests collide.

Personally, that is not the position I prefer to create.

Why I Usually Refer the Buyer to Another Agent

When an unrepresented buyer contacts me about my listing, I will often connect them with a trusted colleague rather than attempt to represent both sides myself.

That referral is not a rejection of the buyer. It is an effort to give the buyer access to someone who can focus specifically on their questions, needs, finances, risk tolerance, and negotiating position.

It also allows me to continue giving my seller the level of representation they hired me to provide.

That separation creates clearer roles:

• I advise and advocate for the seller.
• The buyer’s agent advises and advocates for the buyer.
• Each client has someone they can speak with openly.
• Each agent understands whose interests they are responsible for protecting.

There is still cooperation between the agents. Real estate transactions require communication and professionalism. But cooperation does not require both clients to share the same representative.

Dual Agency Versus Designated Agency

This is where the terminology can become confusing.

Dual agency may exist at the brokerage level when the same brokerage represents both parties. However, Pennsylvania law also allows designated agency. In that arrangement, the broker designates one licensee to represent the seller and another licensee within the brokerage to represent the buyer. 

That is different from one individual agent personally attempting to represent both clients.

Under designated agency, each party has a specific agent assigned to represent their interests, while the broker may occupy the dual-agent role at the brokerage level.

Consumers should ask for a clear explanation of exactly what relationship is being proposed. The words can sound similar, but the practical structure may be very different.

“But Wouldn’t Using One Agent Make the Transaction Easier?”

Sometimes it can make communication appear simpler. There may be fewer people involved, and messages may travel more quickly.

But convenience should not be the only consideration when choosing representation.

A real estate transaction can involve:

• Pricing decisions
• Financing terms
• Inspections
• Repair negotiations
• Appraisal issues
• Title concerns
• Property disclosures
• Settlement deadlines
• Thousands of dollars in concessions or unexpected costs

The most convenient arrangement is not always the arrangement that gives each client the strongest opportunity to receive independent advice.

For me, avoiding personal dual agency is not about making a transaction more complicated. It is about making each person’s representation more clearly defined.

An Agent Can Be Honest Without Being Your Agent

This may be the most important takeaway for consumers.

A real estate agent should be honest and professional regardless of whom they represent.

But an agent’s obligation to be truthful does not mean the agent has a duty to negotiate for you, identify every disadvantage from your perspective, or recommend the strategy that benefits you most.

Before sharing confidential financial information, negotiating strategy, motivation, urgency, or your maximum acceptable price, ask:

Who does this agent represent?

Do not rely solely on how friendly, helpful, or knowledgeable the agent seems. Understand the legal relationship first.

My Personal Approach

I am not suggesting that every dual-agency transaction is mishandled. Dual agency is permitted in Pennsylvania when the required disclosures and written consent are obtained, and there are agents who work carefully within those limitations.

I am explaining why I personally prefer not to practice individual dual agency whenever another reasonable option is available.

I want my seller clients to know that I am representing their side of the transaction.

I want buyers to have an agent they can question freely, share concerns with, and turn to for advice focused on their interests.

And I want everyone involved to understand the relationship before negotiations begin, not after a misunderstanding occurs.

Real estate involves contracts, money, risk, deadlines, and deeply personal decisions. Clear representation is not an unnecessary technicality.

It is part of protecting the people behind the transaction.

Before You Buy or Sell, Ask This Question

Whether you are calling about a property, attending a showing, interviewing an agent, or preparing to sign an agreement, ask:

“Who do you represent in this transaction, and what does that mean for the advice you can give me?”

A professional agent should be able to answer that clearly.

You deserve to understand not only what your agent is doing, but also whose interests they have agreed to represent.

This article is intended for general educational purposes and reflects my personal business practices. Agency laws and contract terms can vary by state and by transaction. Pennsylvania consumers should review the Consumer Notice and their written agreements and seek legal advice when appropriate

Tasha Walters, REALTOR®

CENTURY 21 1st Choice Realty

(570)295-0484 | (570)398-0690

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