Dual agency disclosure on a $420k listing and what the seller actually loses when the same agent takes both sides
When the listing agent writes the offer for the buyer, the seller's negotiating position goes to the same desk that gets paid more if the price holds. The agent's incentive is a faster close at a number that works for both parties in the room, which is not the same as the number the seller would have extracted with a dedicated advocate pushing back on every contingency and repair ask. On a $420k sale at 2.5 percent listing side, the agent earns $10,500 either way, but a dual commission at the same rate on both sides brings $21,000 out of that transaction. Some states require the agent to drop to a "transaction broker" role and disclose the limitation in writing. Others allow disclosed dual agency with signatures. A few states have banned it outright. What the disclosure form says is not the same as what the seller understands they are signing away. The tell is whether the agent volunteers what they can no longer do for the seller once they represent the buyer, specifically that they cannot advise the seller to counter higher, cannot share what the buyer has said about their ceiling, and cannot recommend rejecting that buyer in favor of a cleaner offer from someone else. Sellers who sign dual agency agreements and later feel shortchanged almost always say the same thing: they thought the agent was still working for them. The agent was working for the deal. If you are a seller presented with this situation, the question worth asking before signing is what the agent's average dual agency sale price is as a percentage of list, compared to their single-agency closings on comparable properties. Most agents do not track it that way, and the ones who do rarely volunteer it. What state are you listing in, and did the agent disclose the dual agency possibility in the original listing agreement or only when the buyer showed up?