Dual Agency Disclosure, State by State

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.

8 states checked against statute or commission rule
Primary sources linked per state
Designated agency and same-office answers
Last reviewed October 10, 2026

Last reviewed against the published sources listed below.

Key Information

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.

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Time Required: 5-minute read; consent forms vary by state

The Problem

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.

The Solution

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.

Key Features

Where dual agency is allowed, consent is the disclosure

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

Prohibition states use a substitute relationship

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 is a separate concept

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

Timing is part of compliance

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

How It Works

1

Spot the in-house situation early

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.

2

Identify your state's model

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.

3

Use the state form and get signatures in time

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.

Compliance Reference

StateCan one brokerage represent both sides as dual agent?What the law provides instead / key rulePrimary source
ColoradoNo. "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)
FloridaNo. 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
KansasNo. "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)
TexasNot 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
WyomingNo. "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)
VermontNo. 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)
OklahomaNo 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)
AlaskaRestricted. 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 statesVaries; 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

Common Use Cases

Same office, two agents (designated-agency state)

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.

Texas in-house sale

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.

Florida transaction broker

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.

Published Sources

Primary sources checked on the dates shown below. Rules and statutes can change; confirm the current text before publishing.

Frequently Asked Questions

When is a dual agency consent disclosure needed on a residential purchase?
In states that permit dual agency, you need the state's written disclosure and both parties' informed written consent once the same brokerage (or the same licensee, depending on the state) will represent both the buyer and the seller in the transaction, and before it acts for both. The exact deadline is set by state law, so check your statute or commission rule. In states that prohibit dual agency (for example Colorado, Florida, Kansas, Wyoming and Vermont), there is no dual agency consent to sign; instead you disclose the substitute relationship your state recognizes.
Both agents work for the same company in the same office. How do I fill out the agency disclosure?
It depends on whether your state uses designated agency. Where the broker can designate separate licensees, each agent completes the disclosure for their own client and the designation is disclosed in writing; Colorado and Alaska statutes say this does not create dual agency for the firm. In Texas, the brokerage acts as an intermediary with written consent and may appoint an associate to each party. In states that treat the brokerage itself as the agent, an in-house deal is dual agency and you use the state's dual agency consent form. Ask your managing broker which model your firm uses.
Which states prohibit dual agency?
Based on the statutes and rules we reviewed on October 10, 2026: Colorado (C.R.S. 12-10-406), Florida (Fla. Stat. 475.278(1)(a)), Kansas (K.S.A. 58-30,103(a)), Wyoming (W.S. 33-28-302(o)) and Vermont (Real Estate Commission Rules 4.3 and 4.4) prohibit it. Texas requires an intermediary when a broker represents both sides (Tex. Occ. Code 1101.561(b)), Oklahoma replaced common-law agency duties with statutory duties (59 O.S. 858-360(A)), and Alaska restricts licensees to one party except as a neutral licensee or by written agreement (AS 08.88.600). Laws change, so confirm with your state regulator.
What is the difference between dual agency and designated agency?
In dual agency, one licensee or one brokerage represents both buyer and seller and owes duties to both. In designated agency, the broker appoints different licensees to represent each party, and each designated agent advocates only for their own client. Several states treat designated agency as not creating dual agency for the firm, but the designation must still be disclosed, and the broker still supervises both agents.
What is a transaction broker?
A transaction broker helps one or more parties complete a deal without being an agent or advocate for either side. Colorado and Florida presume brokers are transaction brokers unless a written single-agency relationship is established (C.R.S. 12-10-403(2); Fla. Stat. 475.278(1)(b)), and Kansas defines transaction brokers in K.S.A. 58-30,102.
What is Texas intermediary status?
Under Tex. Occ. Code 1101.561(b), a broker who agrees to represent both a buyer or tenant and a seller or landlord must act as an intermediary. That requires the parties' written consent stating the source of any expected compensation (1101.559(a)). The broker may appoint different associates to communicate with and advise each party, with written notice to all parties (1101.560), and the intermediary must act fairly and impartially.
Does the NAR settlement change dual agency rules?
No. NAR's practice changes that took effect August 17, 2024 require MLS participants working with a buyer to have a written agreement before touring a home, and that requirement applies whether or not the relationship is agency. It does not change state dual agency law; the buyer agreement and any state agency disclosure or consent are separate documents.
Does dual agency belong in MLS public remarks?
No rule we reviewed requires agency relationship disclosures in MLS public remarks. Agency disclosures and consents are given to the parties under state law and kept in the transaction file. Check your MLS rules for any field-specific requirements.
Is this page legal advice?
No. It summarizes statutes and commission rules as reviewed on October 10, 2026. BuildMyListing provides compliance documentation tools, not legal advice. Consult a licensed real estate attorney or your state real estate commission for current, state-specific requirements and forms.

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