Dual Agency? Is it legal in your state? Check this chart!

By
Real Estate Broker Owner with At Home Kansas / www.AskRobLang.com BR00225772

Can a Realtor represent both parties in your state?  Dual Agency is illegal here in Kansas so we have what is called "Transaction Broker" where we represent neither party and simply write up the contract and let both the buyer and seller know what their options are but we cannot advise them.

If we are in this Transaction Broker role, we are to suggest that the parties obtain expert advice but if they choose not to do so, we keep the parties fully informed and assist the parties in closing the transaction.  Both parties have no relationship with an agency.

I will update this chart as the results come in:

Dual Agency in the State of:

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

District of Columbia

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa - Legal but with multiple forms that must be filled out per Comment by Lucky Lang:

Dual Agency is legal in the wonderful state of Iowa!  We have multiple forms that must be filled out with time and date acknowledgement. 

Kansas - Illegal

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York Legal - but it is not recommended per Comment by Rosario Lewis:

Dual Agency is legal in NY, but it is not recommended. The possibility of conflict of interest is all too great.

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee - Legal (but VERY touchy situation per Comment by Melissa Grant:)

We can do Dual Agency here in TN only it is a mountain of paperwork with specific forms and even then we are skating on thin ice. Here, we use ALOT what is called Facilitator which is most like your transaction broker, same rules apply. Dual Agency is a VERY touchy situation and we are still working on this issue with the board etc to define what forms etc exactly are needed. It never really was used alot but now lately it has come up alot more often. I think I may just stick to the Facilitator and Cover my tail !

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

Thanks and "Don't keep me a secret--I'm never too busy for your referrals!"
Rob (FREE 2-10 Home Warranty with every home you buy or sell through me!!)
Rob Lang, CRS, ABR, ePro, GRI Realtor®
Rob's Blog at www.ActiveRain.com/blogs/langrob
Realty Executives, Hedges Real Estate (four convenient locations)
(Serving Lawrence, Eudora, Baldwin, Topeka, Tonganoxie, Leavenworth, Kansas City, McLouth, Wellsville, Ottawa, Berryton, Tecumseh, more)
112 E. 10th, Eudora, KS  66025 
1037 Vermont, Lawrence, KS  66044
3300 Clinton Parkway Ct., Lawrence, KS  66044
300 Rockfence Place, Lawrence, KS  66049
785-393-2274 (cell)   206-339-3199 (fax)
langrob@sunflower.com
http://www.letrobdoit.com/
http://douglascountyopenhouses.com/
http://ihaveaddresses.com/

 

 

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By Rob Lang

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Rob Lang
CRS, ABR, ePro, GRI, CFPS REALTOR®
At Home Kansas
Lawrence KS 66049
United States

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(Marketing homes to 3 MLS's, to over 10,000 websites, seller narrated videos and virtual tours, 
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Kansas City, McLouth, Wellsville, Ottawa, Berryton, Tecumseh, more)

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Tags:
lawrence kansas real estate
buy a home
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dual agency
broker agency relationship
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legal illegal

Comments 5 New Comment

Ambassador
248,453
Melissa Grant
The Law of Attraction In Life & Business
A Serendipity World
We can do Dual Agency here in TN only it is a mountain of paperwork with specific forms and even then we are skating on thin ice. Here, we use ALOT what is called Facilitator which is most like your transaction broker, same rules apply. Dual Agency is a VERY touchy situation and we are still working on this issue with the board etc to define what forms etc exactly are needed. It never really was used alot but now lately it has come up alot more often. I think I may just stick to the Facilitator and Cover my tail !
September 03, 2007 08:02 AM
Rainmaker
992,332
Charles McDonald
Charlottesville Real Estate Solutions
Dual Agency is legal in Virginia. One of my pet-peves and I have blogged about it before. Seems you are not giving full benefit to either Client.
September 03, 2007 09:04 AM
Rainmaker
210,802
Lucky Lang
SRES, Davenport, Iowa Real Estate
Mel Foster Co.

Rob,

Your blog post counter is not working.  It says "0" comments and there are two here before me.

Dual Agency is legal in the wonderful state of Iowa!  We have multiple forms that must be filled out with time and date acknowledgement. 

Lucky :)

September 03, 2007 09:30 AM
Rainmaker
210,802
Lucky Lang
SRES, Davenport, Iowa Real Estate
Mel Foster Co.

Rob,

After I entered my comment, the counter started working!

Lucky :)

September 03, 2007 09:31 AM
Rainer
103,798
Rosario Lewis
GRI, SRES - DDR Realty - Orange County, NY
DDR Realty
Dual Agency is legal in NY, but it is not recommended. The possibility of conflict of interest is all too great.
September 03, 2007 09:50 AM
Ambassador
550,645

Rob Lang

Local Expert in Lawrence Kansas Real Estate Homes
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