What dual agency means in a multiple-offer situation
Dual agency is one agent (or one brokerage) representing both the seller and the buyer in the same deal. It usually comes up one of two ways: a buyer calls the listing agent directly and asks to be represented, or another agent in the listing brokerage brings a buyer.
With a single offer it’s manageable. With multiple offers it’s delicate: the listing agent knows every offer on the table, and every other buyer will wonder whether the in-house buyer knew too. Even the appearance of an advantage can lead to complaints.
The eight states that don’t allow it
Most states permit dual agency with written disclosure and both clients’ informed consent. These eight don’t, and use another model instead:
| State | What replaces it | Citation |
|---|---|---|
| Alaska | neutral licensee / designated licensees | AS 08.88.600 |
| Colorado | transaction-broker / designated broker | C.R.S. 12-10-407 (formerly 12-61-807) |
| Florida | transaction broker / single agent | Fla. Stat. 475.278 |
| Kansas | statutory agent / transaction broker | K.S.A. 58-30,103(a) |
| Oklahoma | transaction broker / single-party broker | 59 O.S. 858-360 |
| Texas | intermediary (with appointed license holders) | Tex. Occ. Code 1101.651(d); 1101.559–1101.561 |
| Vermont | designated agency | VREC Administrative Rule 1.8(i) (verify current numbering) |
| Wyoming | intermediary / designated agents | W.S. 33-28-302(k) |
Dual agency, designated agency and transaction brokerage
States use different names for the ways one brokerage can be on both sides. What matters in a multiple-offer situation is who advocates for whom, and who knows what:
| Model | Who the agent works for | What it means for other offers |
|---|---|---|
| Dual agency | Both seller and buyer, with both clients’ written consent | The agent knows every offer but owes confidentiality to both sides and can’t advocate for either on price. |
| Designated agency | Each client has their own agent at the same brokerage | The buyer’s agent shouldn’t see other offers; the two agents must keep information separate. |
| Transaction brokerage | Neither party as an advocate; the broker facilitates the deal | Limited duties, including confidentiality of each party’s negotiating position. |
| Intermediary (Texas, Wyoming) | A neutral broker, often with an appointed agent for each side | The broker must stay impartial and may not share either party’s confidential information. |
Maryland is not a ban state
Maryland often appears on lists of states that ban dual agency. It doesn’t: under Md. Code, Bus. Occ. & Prof. §17-530.1, dual agency is permitted with the written informed consent of all parties, and the broker assigns an “intra-company agent” to each side. See the Maryland page.
States that bar sharing prior offers
Two states say so explicitly. In Missouri, a dual agent may not disclose, without consent, the terms of any prior offers or counteroffers made by any party (RSMo 339.750(5)). In Ohio, ORC 4735.65 limits what a dual agent may disclose, including other offers’ terms. In both, a dual agent can’t use one buyer’s offer to help another write theirs.
Everywhere, the state’s general rule on sharing offers applies on top: see the disclosure rules by state.
Designated agency as the alternative
Many states let the brokerage appoint a separate agent for each client, called designated agency, designated brokerage, appointed license holders (Texas) or intra-company agents (Maryland). Each agent advocates for their own client, and the buyer’s agent doesn’t see the other offers. In a multiple-offer situation it’s the cleaner setup, as long as the two agents genuinely don’t share information.
When your own buyer wants your listing
The safest course is to hand the buyer to another agent for the offer round, at another brokerage where that’s practical. If you do represent both sides where your state allows it:
- Get the written disclosure and consent your state requires, from both clients, before the buyer writes an offer.
- With the seller’s approval, tell any buyer who asks that one offer came through the listing agent. Standard of Practice 1-15 of the REALTOR® Code of Ethics requires it.
- Give your buyer the same deadline, the same information and the same updates as everyone else, in writing.
- Don’t advise your buyer on price using what you know about other offers, and don’t advise the seller against the other offers.
- Keep a record of every message, so you can show the process was even.
When the buyer comes from another agent in your brokerage
This is the more common case, and it’s easy to miss. In many states the brokerage, not just the individual agent, represents the client, so a buyer brought by a colleague can make the brokerage a dual agent even though two different people are involved. That’s why designated agency exists: it lets the broker appoint one agent for the seller and another for the buyer, with information kept apart.
In practice, the risk in a multiple-offer situation is casual sharing. A comment in the office about where the offers stand, or a shared transaction file, is enough to give the in-house buyer an advantage the others don’t have. Brokerages that handle this well keep offers in one place only the listing agent can see, and send every buyer, including the colleague’s, the same updates at the same time.
What to tell the seller
If a buyer you represent (or another agent in your brokerage represents) wants to make an offer, tell the seller before the offer arrives, in writing. Explain the model your state uses, what you can and can’t do for the seller once you’re on both sides, and that every offer will be presented and compared the same way. If the seller isn’t comfortable, the buyer can work with another brokerage.
Compensation is part of the conversation. Article 7 of the REALTOR® Code of Ethics requires disclosure to, and approval from, your clients before accepting compensation from more than one party, and the 2026 Code clarifies that this duty runs to your own clients. In a dual agency both parties are your clients, so both need to know.
What to tell the other buyers
With the seller’s approval, Standard of Practice 1-15 requires a REALTOR® to tell any buyer who asks whether an offer came from the listing agent, another agent in the listing firm, or an outside agent. Say it plainly and the same way to everyone. Buyers who learn about an in-house offer after the fact are the ones who complain.
Then make the process visibly even: one deadline, the same information to every buyer at the same time, and written confirmation that each offer was presented to the seller when a buyer’s agent asks.
Common mistakes
- Getting consent after the offer is written instead of before.
- Giving the in-house buyer a head start: an earlier heads-up about the deadline, a hint about the price to beat, or advice on terms.
- Advising the seller against competing offers while representing one of the buyers.
- Calling a transaction broker or intermediary a “dual agent” (or the reverse). The duties differ, and so do the forms.
- Hiding the source of an offer when a buyer asks and disclosure is authorized.
- Keeping no record of what each buyer was told and when.
After the offer is accepted
Dual agency doesn’t end when the seller chooses. The same agent is on both sides of the inspection and repair negotiations, the appraisal, and any requests to extend deadlines, and still can’t push either client’s position against the other. Buyers and sellers who expect an advocate at that stage are often surprised.
Backups need the same care. If the accepted buyer is in-house and the deal falls through, the backup buyers will want to know the process was even from the start. A written record of what every buyer was told, and when, answers that question before it’s asked. With designated agency, each side keeps its own advocate through closing.
How we researched this
Each state page lists its citation, sources, the date we last reviewed it and a confidence rating. The eight states that don’t allow dual agency, plus Maryland, Missouri and several others, are confirmed against their statutes. For the remaining states, our research classifies them with the states that permit dual agency with written consent, but we haven’t yet confirmed each statute and form. Those pages say so at the top and stay out of search results until they’re confirmed. If you can point us to your state’s rule or form, tell us.
How an offer round keeps it fair
The problem with in-house offers is invisible information. In an offer round, there isn’t any: every buyer, including the listing agent’s own, sees the same leading price at the same moment, and every offer is signed and timestamped. The listing agent doesn’t relay anything, so there’s nothing to relay unevenly.
Questions
Can a dual agent disclose other offers?
Not to help one buyer beat another. A dual agent owes confidentiality to both clients; Missouri and Ohio bar sharing prior offers’ terms by statute. Any disclosure of offers also needs the seller’s authorization and must fit the state’s disclosure rule.
Which states don’t allow dual agency?
Alaska, Colorado, Florida, Kansas, Oklahoma, Texas, Vermont and Wyoming, which use transaction brokerage, intermediaries or designated agency instead. Maryland permits it with consent through intra-company agents.
Is Maryland a dual agency ban state?
No. Maryland permits dual agency with the written informed consent of all parties, with the broker assigning an intra-company agent to each side (Md. Code, Bus. Occ. & Prof. §17-530.1).
Do other buyers have to be told about an in-house offer?
If the seller has approved disclosure and a buyer asks, yes: under Standard of Practice 1-15, a REALTOR® must say whether offers came from the listing agent, the listing firm or an outside agent.
Should the listing agent represent a buyer in a multiple-offer situation?
It’s allowed in most states with written consent, but it invites doubts about fairness. The safest course is to refer the buyer to another agent for the offer round.
General information, not legal advice. Confirm with your broker or your state real estate commission.