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Dual agency and multiple offers in California

In California, dual agency is permitted with written disclosure and both clients’ consent. A dual agent may share one buyer’s offer terms with another only with the consent of the parties involved, and only as the state’s disclosure rule allows. If you represent a buyer on your own listing, the safest course is to hand the buyer to another agent for the offer round.

Written by the BindingOffers team; reviewed September 21, 2026.

The rule in California

In California, dual agency is permitted with written disclosure and consent.

What it’s called: dual agent.

Citation: Cal. Civ. Code 2079.13–2079.24.

BindingOffers research report "Residential Real Estate: Three 50-State + DC Datasets" (September 2026) (summary and table) · Last reviewed September 21, 2026 · Confidence: medium

The required form

Disclosure Regarding Real Estate Agency Relationship (AD form).

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The conflict in a multiple-offer situation

When the listing agent also represents one of the buyers, every other buyer will wonder whether that buyer saw something they didn’t. Even with both clients’ consent, a dual agent owes confidentiality to each side and can’t use one buyer’s offer to help another.

Prior-offer disclosure: General confidentiality duties to both principals.

California’s rule on sharing offers still applies to everyone: No prohibition; C.A.R. Statewide Buyer and Seller Advisory expressly warns offers are non-confidential unless a written confidentiality agreement (Form CND) is signed. See the California disclosure rule →

Designated agency as the alternative

California allows the brokerage to appoint a separate agent for each client (dual agent). In a multiple-offer situation, that’s the cleaner setup: the buyer’s agent never sees the other offers, and the listing agent never advises the buyer.

Questions

Is dual agency legal in California?

In California, dual agency is permitted with written disclosure and consent.

Can a dual agent disclose other offers in California?

A dual agent may share one buyer’s offer terms with another only with the consent of the parties involved, and only as the state’s disclosure rule allows. The seller must also authorize any disclosure, under California’s disclosure rule.

What form is required for dual agency in California?

Disclosure Regarding Real Estate Agency Relationship (AD form).

General information, not legal advice. Confirm with your broker or your state real estate commission.

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