Dual Agency
Understand what dual agency means in Canadian real estate, how it works, and what risks and disclosures are required when one agent represents both sides of a deal.
May 22, 2025
What is Dual Agency?
Dual agency occurs when one real estate agent or brokerage represents both the buyer and the seller in the same transaction.
Why Dual Agency Matters in Real Estate
In Canadian real estate, dual agency—also called multiple representation—creates potential conflicts of interest because the agent owes fiduciary duties to both parties. These duties include loyalty, confidentiality, and full disclosure, which can become challenging when representing opposing interests in a negotiation.
Some provinces, like British Columbia, have restricted or banned dual agency in most cases to protect consumer interests. In other regions, dual agency is allowed but requires full written consent from both buyer and seller after all duties and risks are explained.
Buyers and sellers involved in dual agency transactions must understand that the agent cannot advocate exclusively for either party. Instead, the agent becomes a neutral facilitator. This may limit the level of advice provided during negotiations or condition handling.
Understanding dual agency is critical for ensuring transparency, protecting one’s interests, and deciding whether to proceed with a single-agent transaction or request separate representation.
Example of Dual Agency in Action
A real estate agent in Ontario lists a property and later assists a buyer interested in the same home. Both parties agree in writing to dual agency and understand the agent must remain neutral.
Key Takeaways
- One agent or brokerage represents both buyer and seller.
- Creates potential conflicts of interest.
- Requires written consent and clear disclosure.
- Restricted or prohibited in some provinces.
- Limits how much advice an agent can give either party.
Related Terms
- Buyer’s Agent
- Listing Agent
- Agency Relationship
- Buyer Representation Agreement
- Exclusive Listing Agreement
6525 Mississauga Road and its surrounding context. (RBC Capital Markets & CBRE)
Property details for 6525 Mississauga Road. (RBC Capital Markets & CBRE)
National average resale-price growth and housing-starts growth, smoothed over three months. The comparison illustrates the cycle; it does not establish how much a price change causes construction to change.
Trailing 12-month starts in centres of 50,000 or more remove the usual monthly seasonality. Ownership combines the homeowner and condominium categories; rental is shown separately.
Six-month averages of provincial starts, expressed at annual rates. The smoothing reduces the influence of individual apartment projects.
The same August benchmark compared with two different starting points. Three-month changes are not annualized.
Average sale prices show the difference in purchase costs across markets. They do not measure affordability relative to local incomes or construction costs.
Newfoundland and Labrador remains above its pre-pandemic sales pattern, but August activity was below last year. Historical lines retain their original release vintages.
Average and median describe different aspects of the same month’s transactions. Both are affected by the mix of homes sold.
Category averages compare different homes and locations; the gaps are not estimates of the cost to upgrade an otherwise identical property.
The five categories shown account for 5,000 of the board’s 5,057 sales. The remaining 57 transactions were in other housing categories.
Monthly observations are not seasonally adjusted. Active listings count properties available at month-end; they are not construction inventory.
Average and median prices share one dollar axis. These unadjusted transaction measures do not control for changes in the homes sold.
TRREB’s 416/905 categories compare the apartments sold in each area. The difference does not isolate a location premium for equivalent units.
5680 Oak Street in Vancouver and its surrounding context. (MCMP Architects)
Ground-level renderings of the tower proposed for 5680 Oak Street in Vancouver. (MCMP Architects)