Quick answer: Dual agency is when one agent represents both the buyer and seller in the same transaction. The risk: that agent can’t fully advocate for either side. They can’t negotiate the highest price for the seller while also fighting for the lowest price for the buyer. The only guaranteed winner in dual agency is the agent, who collects commission from both sides. We don’t practice dual agency because our clients deserve full representation.
Transparency and trust have become more critical than ever in the real estate industry. One practice that has come under increased scrutiny is dual agency—and for good reason. With the 2024 NAR settlement introducing new disclosure rules, it’s clear that how agents handle representation has a significant impact on clients’ outcomes.
Here’s what you need to know about dual agency—and why we’ve chosen not to practice it.
What is dual agency?
Dual agency occurs when one real estate agent—or two agents within the same brokerage—represents both the buyer and seller in the same transaction.
On the surface, it might seem convenient. One agent, one point of contact, simpler communication. But here’s the problem: your agent’s job is to advocate for your best interests. When they also represent the other side, they can’t do that job.
A dual agent is legally required to remain neutral. They become a “facilitator” rather than an advocate. They can’t tell the seller to hold firm on price while simultaneously advising the buyer to offer more. They can’t share confidential information with either party—but they have access to both sides’ motivations, timelines, and bottom lines.
The result: neither party gets the full representation they deserve.
Why is dual agency risky for sellers?
If you’re selling your home, you hired your agent to get you the highest price and best terms. That’s their job.
But in dual agency, your agent also represents the buyer—who wants to pay the lowest price possible. Your agent can’t fight for both positions. So they fight for neither.
What sellers lose in dual agency:
- Price negotiation: Your agent can’t push for every dollar when they’re also representing the person paying.
- Confidential advice: Your agent knows your bottom line, your motivation, your timeline pressures. In dual agency, they also know the buyer’s—and can’t fully use either to your advantage.
- Inspection advocacy: When inspection issues arise, who does the agent fight for? Neither side gets full representation.
For a deeper look at what sellers should consider, see our guide: What It Means When Your Listing Agent Says “I Have a Buyer”.
Why is dual agency risky for buyers?
Some buyers think going directly to the listing agent will get them a better deal. The logic: “If I don’t have my own agent, maybe the seller will lower the price.”
This rarely works out. The listing agent’s legal obligation is to the seller—not to you. They can’t tell you the seller would accept less. They can’t point out red flags in the inspection. They can’t advise you to walk away.
What buyers lose in dual agency:
- Negotiation advocacy: No one is fighting to get you the lowest price or best terms.
- Confidential advice: The agent can’t tell you “this house is overpriced” or “you could get them down $20,000.”
- Inspection support: When problems surface, you’re on your own deciding what to ask for.
- Contract protection: No one is reviewing the contract solely to protect your interests.
For more on why going direct to the listing agent backfires, see: Should I Contact the Listing Agent Directly?
What changed with the 2024 NAR settlement?
The 2024 NAR settlement introduced new disclosure rules designed to increase transparency:
- Agents must clearly explain their agency relationships
- Agents must disclose potential conflicts of interest
- Buyers must sign written agreements with their agents before touring homes
- Compensation structures must be more explicitly communicated
These changes have highlighted the complexities of dual agency. For many buyers and sellers, the realization that a dual agent can’t fully advocate for them has sparked growing demand for dedicated representation on both sides.
Who actually benefits from dual agency?
The agent.
In a typical transaction, the commission is split between the listing agent and the buyer’s agent. In dual agency, one agent (or brokerage) keeps both sides—often doubling their income on that deal.
The agent also gains control over the entire transaction: communication, timeline, negotiation dynamics. Deals close faster and with less friction—for the agent.
What about the buyer and seller? They each lose their advocate. They may leave money on the table. They may agree to terms they wouldn’t have accepted with proper representation.
The convenience of dual agency benefits the agent. The costs are borne by the clients.
Is dual agency legal?
Yes—in most states, including Pennsylvania and Delaware. But legal doesn’t mean advisable.
Dual agency must be disclosed, and both parties must consent. Some states have banned or heavily restricted the practice because of its inherent conflicts. Even where it’s legal, many experienced agents choose not to practice it because they believe clients deserve better.
Why we don’t practice dual agency
At The Cyr Team, we’ve made the decision to avoid dual agency entirely. Here’s why:
You hired us to represent you. That means fighting for your best outcome—not facilitating a deal that works for everyone equally. Equal isn’t the same as best.
Conflicts are unavoidable. No matter how ethical an agent tries to be, dual agency creates situations where someone’s interests get compromised. We don’t want that someone to be our client.
Your trust matters more than our commission. We’d rather earn your referrals and repeat business by doing the right thing than maximize a single transaction by doubling our fee.
When unrepresented buyers contact us about our listings, we refer them to qualified buyer’s agents who can represent their interests. Our sellers keep their advocate. Everyone is properly represented.
What should you do instead?
If you’re a seller: If your listing agent says they “have a buyer,” ask questions before agreeing. Understand what you’re giving up. Consider insisting the buyer get their own representation. Read more: When Your Listing Agent Says “I Have a Buyer”.
If you’re a buyer: Get your own agent. The small effort of finding dedicated representation pays dividends throughout the entire transaction—in negotiation, inspection, and closing. Read more: Should I Contact the Listing Agent Directly?
For everyone: Ask any agent you’re considering: “Do you practice dual agency?” Their answer tells you a lot about whose interests they prioritize.
Ready to work with an agent who puts you first?
When you work with The Cyr Team, you can trust that your goals are our goals. Whether you’re buying your dream home or selling a property, we’re here to guide you with personalized service, clear communication, and full advocacy.
If you’re ready to navigate the Chester County, Delaware County, or Philadelphia-area real estate markets with a team that prioritizes your success, contact us today.