Dual Agency: Why One Agent Can't Represent Both Sides

Dual agency is when one agent, or one brokerage, represents both the buyer and the seller in the same deal, and collects both sides of the commission.

Would you hire a lawyer who also represents the other party? That's what dual agency is.

Why it's a problem

A seller wants the highest price. A buyer wants the lowest. One person can't fight for both. Once an agent represents both sides, they have to stay neutral, which means neither client gets a real advocate on the things that matter most: price, terms, and repairs.

And the money points one way. An agent who can keep both sides of the commission has every reason to steer a deal toward the buyer they also represent.

How it happens

• The unrepresented buyer. A buyer calls the listing agent from the sign or the listing site, or walks into the open house. The listing agent offers to "write it up" for them. Now they're on both sides.
• The in-house sale. The listing agent's own brokerage finds the buyer. Even with two different agents, the same company represents both sides and is paid twice.
• The pocket listing. A home is marketed quietly inside one brokerage before it hits the open market, so the brokerage can find the buyer itself.

Is it legal?

A handful of states ban or sharply restrict it. California and Washington allow it with disclosure and the written consent of both buyer and seller. That consent is usually a form in a stack of paperwork, and most people sign it without realizing what they're giving up.

How to protect yourself

If you're buying:

• Get your own buyer's broker before you call a listing agent or walk into an open house.
• If a listing agent offers to represent you too, say no.
• Read every agency disclosure before you sign it.

If you're selling:

• Ask your listing agent, in writing, whether they or their brokerage will ever represent a buyer on your home.
• Make sure every qualified offer reaches you, no matter who the buyer's agent is.
• Watch for pressure to accept an offer from inside the listing brokerage.

Our rule

Arrivva never practices dual agency. It's a founding rule, not a policy. If a buyer comes to us unrepresented on one of our listings, we don't quietly take both sides and both checks. Our broker works for one client in a deal: you.

It's easier for us to keep that rule because of how we're paid. Buyers pay $9,750 and sellers pay $15,750, flat. There's no second commission to chase.

The bottom line

Before you sign with any agent, ask one question: will you or your brokerage ever represent the other side of my deal? If the answer is anything but no, keep looking.