Real Estate · General Principles of Agency

What is 'dual agency' and why is it controversial?

Correct answer

When the same broker or agent represents both the buyer AND the seller in the same transaction — creating a potential conflict of interest because both parties have opposing interests (seller wants highest price; buyer wants lowest price)

  1. A When two agents represent the same client
  2. B When the same broker or agent represents both the buyer AND the seller in the same transaction — creating a potential conflict of interest because both parties have opposing interests (seller wants highest price; buyer wants lowest price)
  3. C When two separate brokerages cooperate on a transaction
  4. D When an agent holds two licences

Why this is the answer

DUAL AGENCY occurs when the same broker/agent represents both sides of a transaction. The conflict: the agent owes fiduciary duties (loyalty, confidentiality, full disclosure) to both parties — but their interests directly conflict. The seller wants maximum price; the buyer wants minimum price. The agent cannot fully advocate for either without harming the other. State laws: most states allow dual agency ONLY with full written informed consent from both parties; some states prohibit it; some permit only 'disclosed dual agency' or 'facilitated agency' where the agent becomes a transaction facilitator without full fiduciary duties to either party. Designated agency (different agents from the same brokerage represent each party) avoids some but not all dual agency issues.
Source: Real Estate Exam, Dual Agency

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