The rule in New York
In New York, dual agency is permitted with informed written consent, and designated sales agents are available.
What it’s called: dual agent / designated sales agent.
Citation: NY DOS agency disclosure (Real Property Law 443).
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
New York State Housing and Anti-Discrimination Disclosure and Agency Disclosure Form.
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.
New York’s rule on sharing offers still applies to everyone: DOS agency law requires honest, good-faith dealing; NYSAR guidelines confirm a listing agent need not disclose but may with seller authorization. See the New York disclosure rule →
Designated agency as the alternative
New York allows the brokerage to appoint a separate agent for each client (dual agent / designated sales 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 New York?
In New York, dual agency is permitted with informed written consent, and designated sales agents are available.
Can a dual agent disclose other offers in New York?
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 New York’s disclosure rule.
What form is required for dual agency in New York?
New York State Housing and Anti-Discrimination Disclosure and Agency Disclosure Form.
General information, not legal advice. Confirm with your broker or your state real estate commission.