We're selling our house. It's been on the market about 3 weeks. We've had showings and just got an offer. But the agent says the offer is from their own buyer client. So then she wants to work for both of us. She tells us that she'll be fair and equal. But how can she really? How can she have our best interest and the buyer at the same time? And will she be the one to really come out on top of all this? We want to sell, but we also don't want to get pushed over.
Asked by Cassie | Greenville, SC| 03-23-2026| 31 views|Selling|Updated 1 month ago
Dual agency seems to be accepted in your state so this is possible. This is absolutely normal. The major question is, has your agent given you any indication that she is not trustworthy? If not, I would say you should go for it, especially given it is the only offer currently on the table.
An agent can legally represent both buyer and seller in the same transaction in most states -- this is called dual agency -- but doing so significantly limits the fiduciary duties each party receives.
In Florida, dual agency is permitted but requires written informed consent from both parties. Florida also allows a "transaction broker" arrangement, which is actually the default for most Florida real estate transactions -- the agent facilitates the deal without owing full fiduciary loyalty to either side. This is a meaningful distinction that many consumers do not realize when they sign a brokerage relationship disclosure.
The core risk in dual agency is simple: your agent cannot aggressively negotiate for you if they also represent the other side. They cannot advise you to offer less or push back on repair requests the way a dedicated advocate would. South Carolina law requires agents to disclose the dual agency relationship and obtain consent, but consent does not eliminate the conflict. If the transaction involves significant money or negotiation leverage, you are almost always better served by an agent who represents only you.
-- Kevin Neely & Kaitlynd Robbins | K2 Sells, Keller Williams Elite Partners
This is called dual agency, and your concern is valid.
When your agent represents both sides, they can’t fully advocate for you the way they normally would. They have to stay neutral. That means no real negotiating advice on price, terms, or strategy.
Yes, it can work. Some deals close smoothly this way. But you’re giving up having someone fully in your corner.
Also, the agent benefits. They’re handling both sides of the deal, so they have more incentive to keep it together.
You have options:
You can say no and have the buyer get their own agent.
Or ask for another agent in the same brokerage to represent the buyer or you.
If you move forward, make sure you’re comfortable with the price and terms, because you won’t have the same level of guidance.
Simple way to think about it.
If you want maximum protection, don’t do dual agency.
Short answer: yes, it’s legal in many states — but it’s one of the trickiest situations in real estate.
Dual agency sounds “fair and equal,” but in reality, it limits what your agent can do for both sides. And you’re right to question whether anyone can truly represent two parties with opposite goals.
⚖️ 1. Dual agency means your agent can’t fully advocate for you
When one agent represents both sides, they must become “neutral.” That means they cannot:
- Tell you the buyer’s max price
- Tell the buyer your bottom line
- Advise you on negotiation strategy
- Push for the highest price
- Push for the best terms
- Give either side a competitive advantage
You lose the very thing you hired an agent for — strong representation.
💰 2. The agent gets paid twice — that’s why they like dual agency
Let’s be honest:
Dual agency means one agent gets the full commission.
That’s why some agents push for it.
It doesn’t automatically mean they’ll harm you, but it does mean their financial incentive is different from yours.
🧠 3. Your instincts are right — your goals and the buyer’s goals conflict
You want:
- The highest price
- The best terms
- The strongest protections
The buyer wants the opposite.
One person cannot “equally” fight for both sides. It’s impossible.
🛑 4. You can say no — you don’t have to allow dual agency
You have options:
- Require the buyer to work with another agent
- Ask your brokerage to assign a different agent to the buyer
- Keep your agent representing only you
- Decline dual agency entirely
You are not obligated to accept it just because the agent brought the buyer.
📉 5. The risk: you get pushed into a deal that benefits the agent more than you
When an agent represents both sides, the temptation is to:
- Push the deal through
- Avoid negotiation
- Avoid conflict
- Keep both sides “happy”
- Close quickly
That can mean you give up more than you should.
🤝 6. Work with an informed Realtor who protects your leverage
A knowledgeable agent — someone who understands negotiation, fiduciary duty, and seller protection — will explain dual agency honestly and give you options that keep your interests first. This is exactly where having an experienced Realtor like me becomes a major advantage.
🎯 Bottom line
Dual agency is legal, but it’s not always in your best interest.
You deserve full representation, full advocacy, and full negotiation power — not a neutral referee.
This is called dual representation (sometimes referred to as dual agency, depending on the state), and your concern is completely valid. When one agent represents both the buyer and the seller, they have to stay neutral and can’t fully advocate for either side the way they normally would, especially when it comes to pricing, negotiation strategy, or pushing terms.
In general, it’s usually better for the buyer and seller to have separate representation so each side has someone fully in their corner. A buyer coming through your listing agent can sometimes be an advantage, but if that agent already has a relationship with the buyer, it can create potential conflicts.
You always have the option to decline dual representation and request that the buyer work with a different agent or have another agent step in. The goal is making sure you feel protected and not pressured during the process.
Hello! "Dual" agency varies state to state. Realistically, even if your agent writes an offer for a buyer their fiduciary duty is still to you. In no case should they ever be negotiating against you. This is a conversation they would have had with the buyer specifically and the dual agency talk should have happened prior to signing a listing agreement, just to inform you what it is and how it works. I personally am used as a dual agent very frequently because my clients trust me and are comfortable with how the terms of the deal would play out. Each deal is different and it will ultimately boil down to how much negotiating you believe will take place throughout the deal between price and terms. Look at all the options in front of you and see how you feel it will play out; your agent should be able to articulate what the path to closing would look like. Transparency is key with these situations. Hope this helps!
I always say that its easier to work with the other agent when the other agent is me! I think when we have a dual agency situation the transaction goes very smoothly because we are controlling the entire transaction. The thing that is unique about Real Estate though it is wrapped in legal issue possibilities, is that everyone wants the same outcome. The buyer wants to hand over a check and get keys, and the seller wants to hand over keys and get a check! Of course both sides want the price and terms to favor them, but as long as everyone is comfortable with the price and terms, everyone can walk away from the closing table feeling the transaction is a Win-Win.