If you’re buying or selling a home in Indiana, chances are you’ve heard the term dual agency—but many clients aren’t quite sure what it really means or how it affects them.
The short version?
Dual agency happens when one real estate agent (or brokerage) represents both the buyer and the seller in the same transaction.
It’s legal in Indiana, but it comes with some important considerations—and it’s not always the right fit for every client. As a full-time professional who always puts my clients’ best interests first, here’s what I want you to know before entering into any dual agency situation.
1. What Exactly Is Dual Agency?
In a typical transaction:
- The seller has an agent.
- The buyer has a different agent.
- Each agent advocates solely for their client’s interests.
In a dual agency transaction:
- One agent (or brokerage) represents both sides of the deal.
Sometimes, this happens when:
- A buyer finds a home they love through the seller’s agent.
- A single agent is facilitating the entire deal for both parties.
- Two agents under the same brokerage represent both buyer and seller (technically limited agency).
2. The Pros of Dual Agency (When It’s Handled Well)
Dual agency can offer benefits if both parties understand the limitations and the agent maintains strict neutrality.
- ✅ Streamlined communication — One point of contact can reduce back-and-forth delays.
- ✅ Faster negotiations — Especially when buyers and sellers are motivated to close.
- ✅ Familiarity with the property — The agent knows the home’s history and details well.
This approach can work smoothly when both sides are comfortable, informed, and working with a trustworthy professional.
3. The Risks & Limitations to Be Aware Of
The key issue with dual agency is conflict of interest.
Why? Because real estate agents are legally and ethically bound to:
- Get the best price and terms for their client.
- Offer loyalty, full disclosure, and undivided advocacy.
In dual agency, your agent can’t:
- Disclose confidential info about the other party (like bottom-line price or motivation).
- Advise you as fully as they would if they represented only you.
- Push aggressively for your best interests, because they’re now balancing both sides.
In short, a dual agent becomes more of a transaction facilitator, not a full advocate.
4. What You Should Ask Before Agreeing to Dual Agency
If you’re considering working with one agent for both sides, ask:
- How will you stay neutral during negotiations?
- What information will and won’t be shared between parties?
- Will you still help me determine if this is a fair price?
- Can I talk to a separate agent if I feel uncomfortable?
As your agent, I’m always happy to walk you through these questions before anything is signed—because transparency protects everyone involved.
5. You Always Have a Choice
Dual agency is never required. If you’re a buyer and interested in a home listed by the agent you’re speaking with, you can always request separate representation—and a good agent will respect that.
At Talk to Annie Real Estate, if there’s ever a potential dual agency situation, I’ll:
- Explain your rights clearly
- Offer options that prioritize your comfort and protection
- Bring in another trusted agent if you prefer independent representation
You deserve to feel 100% confident in who’s advising you—at every step of the process.
Final Thoughts: It’s About Trust and Transparency
Dual agency isn’t inherently bad—but it requires care, clarity, and strong ethics. Whether you’re buying, selling, or just starting to explore your options, you should never feel unsure about who’s on your side.
With Talk to Annie Real Estate, you’ll always know: I’m here to serve you with integrity, honesty, and your best interest at heart—every single time.
📞 Thinking about buying or selling and have questions about representation? Let’s talk through it together. There’s never pressure—just clear, honest guidance.
Photo Credit: Luxury Presence
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