“Dual agency” refers to the practice of a single agent representing both the buyer and the seller during the real estate transaction. When an agent acts in a dual capacity, they owe the same fiduciary responsibility to both parties. Most states have a required brochure or pamphlet which details the responsibilities of buyer’s agents, seller’s agents, and dual agents. Buyers considering the use of a dual agent should pay particular attention to the difference in responsibilities when an agent acts as a representative of both the buyer and the seller.
In my opinion, when you are working with an agent who is acting as a dual agent, you have lost your strong “advocate” in the buying process. In addition, buyers usually meet dual agents at open houses – meaning that the agent has already developed a strong working (and contractual) relationship with the seller. In such a case, it’s human nature that the agent is going to feel a stronger responsibility to negotiate on the seller’s behalf. Since the seller has already agreed to compensate an agent as part of the listing agreement, it only makes sense for you to find an agent who is solely committed to being your advocate. The practice of dual agency, when not performed correctly, is one of the leading causes of real estate litigation.