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About Agency Disclosure
NAR Consumer Guide: Agency and Non-Agency Relationships (National Association of REALTORS®, 2025)
“When you are looking to buy or sell a home, you may hear about different types of relationships— agency and non-agency—that exist between buyers and sellers and the real estate professionals they are working with. Share our consumer guide on agency and non-agency relationships with your clients at facts.realtor.”
Agency Representation in Real Estate…Fiduciary Duties (The Data Advocate, Jan. 19, 2024)
Most states have adopted agency disclosure laws requiring the licensee to disclose early in the transaction whom the licensee represents and to verify this disclosure in writing. States have also created new terms and definitions of working with consumers, such as “limited agent,” “designated agent,” “transaction coordinator,” and “facilitator.”
Dual vs. Single Agency Relationships in Real Estate (The Balance, Mar. 18, 2022)
“Many states require that agents give buyers and sellers an agency disclosure form to sign, which clears up these questions. The form used in California, for example, is not a contract between two parties but rather a disclosure from one to the other. It clarifies the many types of agency functions that may come up when buying or selling a home and specifies the rules agents must adhere to. All parties must read it so they know what to expect from each other; the form also allows them to select the type of agency relationship they prefer.”
Why Required Real Estate Agent Disclosures about Representation Fail and How They Can be Improvedpdf (Consumer Federation of America, Jan. 2020)
“As this report shows, there is evidence that many consumers, especially home buyers, do not understand real estate disclosures about agent representation. Many home buyers either do not receive an agency disclosure or are not aware that they have received it. Moreover, when buyers do receive an agency disclosure form, many do not read the document, or if they try, do not understand it. That is not surprising given the general ineffectiveness of consumer disclosures about services and the particular challenges of communicating complex agent roles to home sellers and buyers. Nevertheless, as this report suggests, disclosures of agent representation can be greatly improved. Most importantly, they should be provided at the earliest possible moment in the relationship between agent and consumer. These disclosures should be presented so that the consumer takes them seriously.”
Dual Agency
The law is a living and breathing organism that is always changing, so be sure to check with your state or territory’s statutory code for the most up-to-date information on agency laws in your state. Or, if you are a REALTOR®, contact your state association of REALTORS®’ legal hotline. To find your state association, please visit this page and select your state from the list.
What is Dual Agency? How it Works and What to Watch Out For (Redfin, Sep. 29, 2025)
“Dual agency in real estate is when one real estate agent, or sometimes two agents from the same brokerage, represents both the buyer and seller in the same transaction. This arrangement – often called a dual agent setup – requires full disclosure and written consent from both parties. The challenge is that a dual agent can’t fully advocate for one side without limiting their ability to represent the other. While dual agency agreements can simplify communication and speed up negotiations, they also raise concerns about fairness and potential conflicts of interest. Because of these concerns, dual agency laws differ across the country.”
What is a Dual Agent? A Guide for Real Estate Agents (The Close, Aug. 15, 2024)
“With dual agency, a real estate agent gets to represent both the buyer and seller in one transaction. While dual agency can be efficient and reduce communication, it causes a potential conflict of interest. This guide will cover what dual agency is, its pros and cons, and legal considerations, and help agents work through operating as a dual agent effectively and ethically.”
The Dual Agency Dilemma: Navigating the Intricacies of Representing Both Sides (Luxury Presence, Aug. 5, 2024)
The regulation of dual agency varies by jurisdiction. Some states, such as Colorado and Florida, have stringent rules or outright bans on the practice, while others allow it under specific conditions. In states where it is permitted, agents are typically required to obtain informed consent from both parties, ensuring that both the buyer and the seller understand the potential conflicts of interest and agree to proceed.
Dual Agency in Real Estate (Forbes, Jun. 9, 2023)
According to a report published in 2019 by the Consumer Federation of America, more than half of homebuyers and sellers in America are unaware that there are different types of agencies for real estate agents. Dual agency is regulated by law and is illegal in some states, but often comes down to what the homebuyer or seller is comfortable with, after the real estate agent has disclosed their agency type.
Agency Legal Cases
The below cases all address agency issues in some way, often dealing with the breach of fiduciary duty and/or buyer representation.
Broker Granted Second Chance to Show Full Consent to Dual Agency (National Association of REALTORS®, Dec. 15, 2023)
“On July 7, 2023, the D.C. Circuit Court of Appeals vacated an order granting summary judgment in favor of a landlord who was sued by a brokerage firm over an unpaid commission from an executed commercial lease. The D.C. Circuit held that compliance with formatting specifications set forth in a dual agency disclosure statute was not mandatory in order to prove a client consented to dual agency.”
Hall v. John L. Scott Real Estate (Casetext, Jan. 17, 2023)
Hall argues in his brief that the alleged chapter 18.86 RCW violations constitute unfair or deceptive acts or practices under the CPA. The SRA provides that if STCA is represented by Hall's brokers, Hall consents to his brokers acting as dual agents. The alleged violations are based on statutory duties owed to Hall, not any duty arising from the SRA's terms. Finally, Hall's misrepresentation claim, whether characterized as intentional or negligent, was by JLS's own admission based on conduct occurring before the agency relationship was established in the SRA and amounted to a claim that Hall would not have entered into the SRA but for JLS's asserted misrepresentations.
In its order vacating the summary judgment and remanding the case back to the district court, the D.C. Circuit explained that despite failing to adhere to Section 42-1703(i)’s formatting specifications, Broker will have the opportunity to prove entitlement to the commission by showing whether it fulfilled the Brokerage Act’s requirements of obtaining truly informed consent following full disclosure of the dual nature of the relationship.
Case Interpretations Related to Article 16 (National Association of REALTORS®, Jan. 1, 2023)
The Case Interpretations offer examples of the practical application of the Code in professional standards enforcement and help REALTORS® understand the ethical obligations created by the Code of Ethics. View the Preface to Case Interpretations to learn more about their history/background. Article 16 is about the respect of the exclusive representation or exclusive brokerage relationship agreements that other REALTORS® have with their clients.
The Best of the Legal Hotline: Agency Revisited (Wisconsin REALTORS® Association, May 13, 2019)
Broker Can’t Limit Statutory Duties (National Association of REALTORS®, Apr. 24, 2019)
“Colorado appellate court upholds real estate commission’s ability to discipline a licensee who attempted to modify the statutory duties owed to clients through the listing agreements, finding that these duties cannot be modified by licensees.”
eBooks & Other Resources
eBooks.realtor.org
The following eBooks and digital audiobooks are available to NAR members:
Real Estate Salespeople, Beware! (eBook)
The Real Estate Entrepreneur (eBook)
Books, Videos, Research Reports & More
As a member benefit, the following resources and more are available for loan through the NAR Library. Items will be mailed directly to you or made available for pickup at the REALTOR® Building in Chicago.
Digest of Real Estate License Laws and Current Issues (Lake City, UT: Arello (published annually) HD 1383 N21d
Have an idea for a real estate topic? Send us your suggestions.
The inclusion of links on this page does not imply endorsement by the National Association of REALTORS®. NAR makes no representations about whether the content of any external sites which may be linked in this page complies with state or federal laws or regulations or with applicable NAR policies. These links are provided for your convenience only and you rely on them at your own risk.
