Legal Hotline: My Seller Does Not Want Dual Agency – Can I be a Facilitator?

My seller does not want dual agency – can I be a facilitator for a buyer?

No, you may not act in an agency capacity for one party, and as a facilitator, which is a non-agent relationship, with the other party in the same transaction.

If your seller client does not consent to dual agency, you may work with an unrepresented buyer as a customer or refer them to another agent. There is no obligation for a listing agent to establish a client relationship with an unrepresented buyer.

The listing agent may remain solely as the seller’s representative in the transaction and move forward with the buyer as a customer. In this event, the listing agent continues to owe the full suite of fiduciary duties (obedience to lawful instructions, loyalty, disclosure, confidentiality, accounting, and reasonable care) to the seller client, but is obligated to present the property honestly and accurately and disclose known material defects to the buyer.