Dual agency occurs when the same brokerage represents both the seller and the buyer under written agreements. State laws in the U.S. interpret and regulate dual agency differently, often requiring additional disclosures and special rules—especially when it comes to negotiating the sale price.

In states where dual agency is permitted, the brokerage or agent acts as a neutral representative for both parties, balancing the interests of buyer and seller. In some cases, such as in Maryland, dual agency can be established within a brokerage even if different agents handle the buyer and the seller. Here, each agent may act as an “intra-company” agent, while only the principal broker of the firm is legally recognized as the dual agent. These structures are designed to maintain transparency and trust, ensuring that both parties receive fair representation while the brokerage facilitates the transaction.