Dual agency happens when one agent or brokerage represents both buyer and seller in the same transaction. It is allowed in Pennsylvania only with written consent from both parties.
What Dual Agency Means
Dual agency occurs when the same brokerage, and often the same agent, represents both the buyer and the seller in one transaction. Instead of advocating for one side, the dual agent owes duties to both, which changes how negotiation works.
In a normal transaction you have undivided loyalty from your agent: they can negotiate hard on your behalf and keep your private information confidential. In dual agency, the agent cannot push one side against the other, because they represent both. That is the core trade-off to understand.
How It Happens in Practice
Dual agency usually comes up in two ways. The first is when one agent's buyer becomes interested in one of that same agent's listings. The second is when the buyer and seller use different agents who happen to work for the same brokerage.
When either situation arises, Pennsylvania law requires the agent to get written consent from both parties before proceeding as a dual agent. If either party declines, the agent must step back from representing one of them, or the parties may choose to proceed with limited representation.
What a Dual Agent Can and Cannot Do
In dual agency, the agent's role shifts from advocate to facilitator. A dual agent can help with the mechanics of the deal: scheduling, paperwork, disclosures, and keeping the transaction moving. What they cannot do is negotiate on behalf of one side against the other, or share one side's confidential information with the other.
This means neither party gets the full-strength representation they would have with a dedicated agent. If you are negotiating a price or terms where you want a strong advocate, understand what you are giving up before you consent.
Deciding Whether to Agree to It
Whether dual agency is a problem depends on your situation. In a smooth, well-priced deal where both sides are aligned, it can be convenient and reduce friction. In a competitive negotiation, a buyer or seller with complex goals usually prefers dedicated representation.
Ask your agent to explain exactly what limited representation means before you sign the consent. And remember that you always have the option to say no, or to ask for a different agent from the same brokerage to represent you separately if that structure is available.
Smarty's Advice Expert Insight
John Smart (Smarty) · Smarty Home Solutions / eXp Realty Agent, AI Certified Agent
Your Next Step for Understanding Dual Agency
Read the consent form carefully and ask what you lose before you sign. If you are in a competitive negotiation or have complex goals, dedicated representation usually serves you better. Knowledge is the best protection here.
John Smart, AI-Certified Agent with eXp Realty can walk you through how representation works in Pennsylvania. Call 215-598-6848 or schedule a free consultation.
Related reading: Listing agent vs buyer's agent | Find an agent