Dual agency is allowed in 41 U.S. states, while Alaska, Colorado, Florida, Kansas, Oklahoma, Texas, Vermont and Wyoming generally prohibit or restrict traditional dual agency. Maryland permits a limited broker-level form of dual agency when the parties provide written informed consent and separate intra-company agents represent the buyer and seller.
State agency rules and required forms can change. The sources cited here include Florida's 2024 statute and a Maryland statute identified as part of the 2026 Regular Session.
States That Generally Allow Traditional Dual Agency
The following states generally allow an agent or broker to represent both the buyer and seller in the same transaction:
- Alabama
- Arizona
- Arkansas
- California
- Connecticut
- Delaware
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kentucky
- Louisiana
- Maine
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Virginia
- Washington
- West Virginia
- Wisconsin
Permission does not mean the rules are the same in every state. Some states require written consent before the agent represents both parties. Others require transaction-specific confirmation before an offer or contract is submitted.
New York requires informed written consent from both parties before a broker represents both sides. Nebraska requires written confirmation of the dual-agency relationship for the specific property.
States That Prohibit or Restrict Traditional Dual Agency
| State | Practical rule | Common alternative |
|---|---|---|
| Alaska | Traditional fiduciary dual agency is generally restricted. | Designated agency or separate representation |
| Colorado | A broker may not establish dual agency. | Transaction brokerage or single agency |
| Florida | Disclosed dual agency is not an authorized form of representation. | Transaction brokerage or single agency |
| Kansas | A licensee may not act as a dual agent. | Designated agency or transaction brokerage |
| Oklahoma | Traditional dual agency is generally treated as prohibited or restricted. | Separate representation or broker-assisted alternatives |
| Texas | Texas law does not permit dual agency. | Intermediary relationship |
| Vermont | Traditional dual agency is generally restricted. | Designated or separate agency |
| Wyoming | Traditional dual agency is generally restricted. | Designated agency or separate representation |
| Maryland | A broker may act as a dual agent only with written informed consent and must appoint separate intra-company agents for the buyer and seller. | Intra-company agency |
A brokerage can represent both sides without creating a traditional dual-agency relationship. In Colorado, Kansas, Maryland and other states, separate agents within one brokerage may represent the buyer and seller under designated-agency or intra-company-agency rules.
What Happens in States That Do Not Allow Traditional Dual Agency?
States that restrict traditional dual agency generally use transaction brokerage, intermediary representation or designated agency.
Transaction Brokerage
A transaction broker helps facilitate a sale without acting as a fiduciary agent for either party. Florida authorizes transaction brokerage and single agency but does not authorize a licensee to act as a disclosed or undisclosed dual agent.
Intermediary Representation
Texas uses an intermediary model. A broker representing both parties must follow Texas intermediary rules.
The broker may appoint separate associated license holders to advise the buyer and seller. If no appointments are made, the broker may provide a more limited, neutral service.
Designated or Intra-Company Agency
Under designated or intra-company agency, one agent represents the seller and another agent from the same brokerage represents the buyer. Each agent may owe fiduciary duties to that agent's client even though the brokerage works with both parties.
Maryland uses this structure in limited circumstances. The broker must obtain written informed consent from all parties, then assign one affiliated licensee to the seller and another to the buyer as intra-company agents.
What Consent Is Usually Required?
Where dual agency is legal, the buyer and seller commonly must:
- Receive a written explanation of the dual-agency relationship.
- Understand that the agent cannot provide undivided loyalty to both parties.
- Give written consent before the agent represents both sides.
- Receive notice of which confidential information the agent cannot disclose.
- Confirm the arrangement again when state law or the transaction documents require it.
A dual agent generally cannot disclose the seller's lowest acceptable price to the buyer or the buyer's highest offer to the seller unless the affected party authorizes the disclosure. The agent must also avoid advice that favors one client over the other.
The exact disclosure, consent form and timing depend on state law.
Is Dual Agency the Same as a Listing Agent Helping an Unrepresented Buyer?
No. A listing agent may be able to show a property or perform limited ministerial tasks for an unrepresented buyer without becoming the buyer's agent.
Whether the agent has created an agency relationship depends on:
- who the agent represents;
- whether the agent is providing advice to both parties;
- whether the brokerage is acting as an agent, transaction broker or intermediary; and
- whether both parties signed the required consent forms.
The same agent's involvement does not answer the question by itself. The relationship created by the agreement and the services provided controls.
Before Signing an Agency Agreement
Buyers and sellers should confirm the current rule with the state real estate commission or a local real estate attorney before signing an agency agreement. They should also ask which representation model applies and whether the required consent form is transaction-specific.
The National Association of REALTORS® advises checking the applicable state statute because agency rules vary by state.