“Dual agency” refers to the practice of a single broker representing both the buyer and the seller during the real estate
transaction.
When a broker 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 brokers, seller’s brokers, and dual brokers. Sellers considering the use of a dual broker should pay particular attention to the difference in responsibilities when a broker acts as a representative of both the buyer and the seller.