“Dual Representation” In Real Estate: What’s The Deal?

We sometimes hear real estate agents brag about “getting both sides of the deal” — meaning they represent both the buyer and seller in one transaction.

It sounds like they score twice the commission, for just a little extra work.

That may not show  the full picture. “06880” asked our friends at KMS Team at Compass about “dual representation.”

They said: “The listing agent has a considerably heftier lift — more time, more responsibility, more liability, and more room for misunderstanding.

“Representing both sides responsibly takes deep expertise, patience, and an unwavering commitment to ethics. Yet some sellers even manage to negotiate a lower overall commission rate, should the buyer come direct.

“Buyers may come directly to a listing — unrepresented — not out of manipulation, but because they feel empowered. They may have done a few online searches, think they can navigate the process themselves, and sometimes even expect a discount because ‘there’s no buyer’s agent involved.’

“Maybe they believe the process is simpler with fewer people involved.

This new construction on Dogwood Lane includes 6 bedrooms and 8 bathrooms. The 9,100-square foot home is listed for $10.65 million.

“From the listing agent’s perspective, these direct buyers usually come with a set of challenges. They may be less informed about market conditions, unfamiliar with the intricacies of the buying process, and suspicious that the listing agent is prioritizing the seller’s interests — which, of course, they are required to do (see our blog on agency relationships). This dynamic can create confusion and tension.

“When there’s no buyer’s agent in the mix, all the responsibilities of guiding, educating, and facilitating the buyer’s side don’t go away — they simply shift to the listing agent. Managing the timeline, addressing questions, coordinating with their attorney, lender, appraiser, inspectors, decorators, architects and even liaising with a condo board to complete detailed due diligence are all tasks that fall to the listing agent.

“In a properly balanced transaction, both the buyer and the seller have professional advocates. The buyer’s agent explains market context, strategizes around offers, financing, inspections and contingencies, helps manage overall expectations and makes sure crucial details aren’t missed. Meanwhile, the listing agent focuses on marketing and presenting the property, negotiating in their client’s best interest, and keeping the transaction on track.

“Both roles are separate, but equally crucial. Each agent helps streamline communication, protect their client’s interests, and reduce risk. Great deals happen when both sides are represented by skilled professionals who know their roles, respect the process, and work collaboratively toward a smooth closing.

“Because real estate transactions aren’t just about houses — they’re about people, emotions, and major life decisions.”

(“06880” reports regularly on the Westport real estate scene — and everything else in town. If you enjoy coverage like this, please click here to support our work. Thank you!)

9 responses to ““Dual Representation” In Real Estate: What’s The Deal?

  1. Well said. Every deal is different & fraught with human nature. Like snowflakes every party is unique.

  2. I’d much prefer to deal with an another intelligent agent than an unrepresented buyer. That “double bubble” ain’t worth it. 🇺🇸

  3. Beth Berkowitz

    In addition, the buyers’ agent has the responsibility to protect the buyers interest and make sure that they educate their buyers about the current market conditions in the area and make sure that their buyers are getting the best deal possible. When one agent represents both sides they have a duty to explain to both sides that they can no longer advise what the buyer or the seller should offer or counter with because they need to stay neutral and not favor either the buyer or the seller best interests. It makes it more difficult for all parties, the buyers who may benefit from advice from their agent about what may be a reasonable offer or counter offer, buyers to benifit from advice on keeping the deal with the potential buyers on track and the agent having frustration about how to keep the deal on track without being able to offer advice to either party about what the specific offers should be. It’s like walking a tight rope for the agent when they have both sides. Personally, I felt it was an ethical dilemma that I would advise my sellers and buyers to get a separate agent, from my brokerage to represent one of the parties and I would stay representing the client that I had a longer relationship with. I may have been the one who contacted the buyers to see a listing I had, but I would prefer to get only one side of the commission and make sure both clients had a professional advocate for them. It’s the most beneficial for all parties. Not all agents agree with my view of this but I’m married to an attorney and an attorney cannot represent both sides of a lawsuit or both sides of a transaction because it is unethical. So I don’t see how an agent can legitimately represent both sides and not sway one side over another even unintentionally to keep a deal together.

  4. fully agree with the above. tension is the basis for fairer negotiation ..
    it is simply absurd to assume a broker can fairly serve the interests of both sides

  5. All of this came about with the decision by NAR in 2024.

  6. Excellent explanation of a complicated transaction.

  7. Online sources, including Zillow, are lead generation, corporate entities, which cannot educate or empower… since none of them have ever been to one house.

  8. What wasn’t mentioned is that this is really “Dual Agency.” That means if a seller and buyer are represented by the same agency (John Smith from ABC Realty reps a seller, and James from ABC Realty reps a buyer, all parties must be made aware of that fact). If they are okay with that arrangement, they sign a “Dual Agency” agreement affirming that, acknowledge and acceptance of it. If one party is not happy with that, then another agency can be designated to represent the party that wants separate agency/company representation.

  9. Dual representation usually occurs at open houses when buyers are out shopping without a broker.

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