When one brokerage ends up on both sides of a deal: which states require written consent, which prohibit dual agency outright, and what the alternatives (transaction broker, intermediary, designated agent, neutral licensee) actually mean.
Last reviewed against the published sources listed below.
A dual agency disclosure is the written notice and informed consent a brokerage needs before it represents both the buyer and the seller in one transaction. Several states do not allow it at all: Colorado (C.R.S. 12-10-406), Florida (Fla. Stat. 475.278), Kansas (K.S.A. 58-30,103), Wyoming (W.S. 33-28-302) and Vermont's commission rules prohibit dual agency; Texas requires an intermediary instead, Oklahoma replaced common-law agency with statutory duties, and Alaska uses a neutral licensee. Elsewhere, follow your state's consent form and timing rule.
Pricing: $33 per listing — staged and enhanced photos, every altered image labelled and paired with its original, disclosure page + QR, one ZIP in MLS order. No subscription.
Time Required: 5-minute read; consent forms vary by state
The same in-house sale is handled four different ways depending on the state. In some states it is dual agency that needs written informed consent; in others dual agency is prohibited and the brokerage must act as a transaction broker or intermediary, or assign separate designated agents. Using the wrong model, or getting consent too late, is a license-law problem, not a paperwork one.
This page lists the states where we verified a prohibition or a statutory substitute for dual agency against the statute or commission rule itself, explains designated agency and the 'two agents, same office' situation, and links every source so you can confirm the current text with your state regulator.
In states that permit dual agency, the disclosure is a written notice explaining the limits on representation plus the informed written consent of both parties. The form, wording and deadline are set by each state's statute or commission rule, so use the state-promulgated or state-required form rather than a generic one.
Benefit: Know which document you actually need
Colorado and Florida default brokers to transaction-broker status unless a written single-agency agreement exists; Kansas uses transaction brokers and designated agents; Texas requires an intermediary with written consent; Wyoming uses an intermediary under a written agreement; Alaska allows a neutral licensee on a separate waiver form.
Benefit: Disclose the relationship your state recognizes
Designated agency means the broker appoints different licensees in the same firm to represent each side. Several statutes say this does not create dual agency for the firm (for example C.R.S. 12-10-403(6)(c) and AS 08.88.640(b)), but the designation itself still has to be disclosed and, in many states, consented to in writing.
Benefit: Two agents in one office is not automatically dual agency
Consent obtained after the brokerage has already acted for both sides may not satisfy the rule. Examples: Alaska requires neutral-licensee consent before the licensee shows the property if it was not preauthorized; Texas requires its brokerage-services notice at the first substantive communication.
Benefit: Get the paperwork in place before the conflict starts
The trigger is a buyer working with your brokerage who becomes interested in a property your brokerage lists (or the reverse). Check this before the showing, not at offer time.
Use the table below: is dual agency permitted with consent, prohibited, or replaced by a transaction-broker, intermediary, designated-agent or neutral-licensee relationship? Confirm against the linked statute or your real estate commission.
Deliver the state-required disclosure, obtain written consent from both parties where the law requires it, and record any designated-agent appointment in writing. Keep copies in the transaction file.
| State | Can one brokerage represent both sides as dual agent? | What the law provides instead / key rule | Primary source |
|---|---|---|---|
| Colorado | No. "A broker shall not establish dual agency" with any seller, landlord, buyer or tenant. | Broker is a transaction-broker unless single agency is established in writing. One broker may be a transaction-broker for both sides, or a single agent for one side treating the other as a customer, but not a single agent for both. Designated brokers on opposite sides do not create dual agency for the employing broker. | C.R.S. 12-10-406; 12-10-403(2), (6) |
| Florida | No. A licensee "may not operate as a disclosed or nondisclosed dual agent." | All licensees are presumed to be transaction brokers unless a single-agent or no-brokerage relationship is established in writing. Designated sales associates are allowed only in nonresidential deals where buyer and seller each have assets of $1 million or more. | Fla. Stat. 475.278(1); 475.2755 |
| Kansas | No. "A licensee shall not act as a dual agent." | Transaction broker, or designated agents for each client; when designated agents represent both sides, the supervising broker (or shared branch broker) acts as a transaction broker. | K.S.A. 58-30,103(a); 58-30,109(b) |
| Texas | Not as a dual agent. A broker who agrees to represent both a buyer/tenant and a seller/landlord must act as an intermediary. | Intermediary requires the parties' written consent stating the source of expected compensation; the broker may appoint a different associate to each party with written notice to all parties. The Information About Brokerage Services notice is due at the first substantive communication. | Tex. Occ. Code 1101.558-1101.561 |
| Wyoming | No. "A licensee shall not establish dual agency with any seller or buyer." | A licensee may act as an intermediary under a written agreement disclosing the statutory duties, or be designated as intermediary for both parties with written disclosure at the earliest reasonable opportunity. | W.S. 33-28-302(c), (k), (o) |
| Vermont | No. Firms and designated agents may not "practice dual or limited agency" by acting for both buyer and seller. | Designated Agency firms appoint designated agents with the client's written consent; the rules contemplate in-house transactions with a supervising licensee. Rule text reviewed as amended through 2015 — confirm the current version with Vermont OPR. | Vt. Real Estate Commission Admin. Rules 4.3(d)(1), 4.4(c)-(e) |
| Oklahoma | No common-law agency. Statutory broker duties "replace and abrogate" common-law agency duties. | A broker may work with both parties to a transaction; the mandatory statutory duties then remain in place for both parties (amended by SB 1920, effective Nov. 1, 2024). | 59 O.S. 858-353(C); 858-360(A) (as quoted in Okla. AG Op. 2024-20) |
| Alaska | Restricted. A licensee may not provide services to more than one party in the same transaction except as the statute allows. | Exceptions include acting as a neutral licensee (consent on a separate form titled "Waiver of Right To Be Represented," before showing if not preauthorized) or a written agreement of the parties. Different designated licensees for seller and buyer in the same brokerage do not create dual agency. | AS 08.88.600(b); 08.88.610; 08.88.640(b) |
| Other states | Varies; many permit dual agency or designated agency with written disclosure and consent. | Forms, wording and the consent deadline are state-specific. We have not verified each remaining state for this table. | Your state real estate commission or statute |
Scenario: A buyer's agent and the listing agent work for the same brokerage in a state whose statute lets the broker designate separate licensees for each side.
Process: Broker designates one licensee for the seller and one for the buyer → the designation is disclosed to both parties in writing as the state requires → each agent advocates only for their own client → the broker supervises without passing confidential information between sides.
Compliance: In Colorado (C.R.S. 12-10-403(6)(c)) and Alaska (AS 08.88.640(b)) the statute says this does not create dual agency for the firm. In other states, check whether the brokerage itself is treated as a dual agent and use the state's consent form if so.
Scenario: A Texas brokerage lists a home and one of its associates is working with a buyer who wants to make an offer.
Process: Confirm both written agreements authorize intermediary status and state the source of compensation → broker may appoint one associate to each party and gives written notice of the appointments to all parties → intermediary acts fairly and impartially.
Compliance: Tex. Occ. Code 1101.559-1101.561. Texas does not use a 'dual agency consent' form for this; the intermediary rules govern.
Scenario: A Florida licensee shows a buyer a property the same licensee has listed.
Process: Unless a single-agent relationship was established in writing, the licensee is presumed to be a transaction broker → provide the transaction broker disclosure Florida law requires → no fiduciary representation of either side.
Compliance: Fla. Stat. 475.278 prohibits disclosed or nondisclosed dual agency. BuildMyListing provides compliance documentation tools, not legal advice. Consult a licensed real estate attorney or your state real estate commission for your specific transaction.
Primary sources checked on the dates shown below. Rules and statutes can change; confirm the current text before publishing.
Upload the listing. Get back staged and enhanced photos with every altered image labelled and paired with its original, a hosted disclosure page with QR, and one ZIP in MLS order. $33 per listing, no subscription.
See a real listing set →