The rule in Colorado
In Colorado, dual agency is prohibited; brokers act as transaction-brokers by default.
What it’s called: transaction-broker / designated broker.
Citation: C.R.S. 12-10-407 (formerly 12-61-807).
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The required form
Definitions of Working Relationships / Brokerage Disclosure.
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. In Colorado that agent can’t be a dual agent at all, so the brokerage must use transaction-broker / designated broker, or the buyer works with another brokerage.
Prior-offer disclosure: Transaction-broker owes confidentiality of negotiating information.
Colorado’s rule on sharing offers still applies to everyone: No CREC position statement bars disclosure; allowed with seller consent. See the Colorado disclosure rule →
Designated agency as the alternative
Colorado allows the brokerage to appoint a separate agent for each client (transaction-broker / designated broker). 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 Colorado?
In Colorado, dual agency is prohibited; brokers act as transaction-brokers by default.
Can a dual agent disclose other offers in Colorado?
No one may act as a dual agent, and one buyer’s offer terms stay confidential from another. The seller must also authorize any disclosure, under Colorado’s disclosure rule.
What form is required for dual agency in Colorado?
Definitions of Working Relationships / Brokerage Disclosure.
General information, not legal advice. Confirm with your broker or your state real estate commission.