Key Takeaways
- Dual agency occurs when one licensee or brokerage represents both the buyer and seller in the same transaction
- Written informed consent from both parties is required before dual agency can occur
- The dual agent cannot advocate for one party over the other and must remain neutral
- Confidential information from either party cannot be disclosed without permission
- Either party can refuse dual agency and request a different licensee or brokerage
Last updated: January 2026
Dual Agency in Kansas
Dual agency occurs when a licensee or brokerage firm represents both the buyer and seller in the same transaction. Kansas permits dual agency with proper disclosure and consent.
What is Dual Agency?
Dual agency can occur in several situations:
| Situation | Result |
|---|---|
| Same licensee has listing and buyer | Dual agency |
| Same brokerage but different agents | Dual agency (company level) |
| Buyer wants to purchase own listing | Dual agency |
In-Company Sales
When two licensees from the same brokerage represent different parties:
- The brokerage is a dual agent
- Both parties must consent
- Individual agents may advocate for their client
- Broker supervises both agents
Requirements for Dual Agency
Written Consent Required
Both parties must provide written informed consent to dual agency:
| Requirement | Details |
|---|---|
| Timing | Before dual agency begins |
| Form | Written consent document |
| Content | Explains limitations of dual agency |
| Signature | Both buyer and seller must sign |
What Must Be Explained
Before obtaining consent, the licensee must explain:
- The licensee will be representing both parties
- The licensee cannot fully advocate for either party
- Confidential information cannot be shared
- Either party can refuse dual agency
Dual Agent Duties
What a Dual Agent MUST Do
| Duty | Description |
|---|---|
| Treat both fairly | Equal treatment, no favoritism |
| Disclose material facts | Known property defects, etc. |
| Maintain confidentiality | Protect both parties' information |
| Act in good faith | Honest dealing with both parties |
| Account for funds | Proper handling of all money |
What a Dual Agent CANNOT Do
| Prohibited Action | Why |
|---|---|
| Advocate for one party | Must remain neutral |
| Disclose confidential info | Protected information |
| Reveal negotiating positions | Confidential |
| Suggest offering prices | Cannot advise either party |
Confidential Information
In dual agency, confidential information includes:
- Buyer's maximum price willing to pay
- Seller's minimum acceptable price
- Either party's motivation to buy/sell
- Personal financial information
- Negotiating strategies
Key Point: Confidential information obtained before dual agency still cannot be disclosed during dual agency.
Declining Dual Agency
Options Available
Either party can decline dual agency:
| Option | Description |
|---|---|
| Request different agent | Ask for another licensee from same firm |
| Find new brokerage | Work with a different company |
| Proceed as transaction broker | If both parties agree |
| Cancel transaction | Either party can walk away |
Dual Agency vs. Transaction Broker
| Feature | Dual Agent | Transaction Broker |
|---|---|---|
| Represents | Both parties | Neither party |
| Fiduciary duties | Yes, but limited | No |
| Advocacy | None (neutral) | None (neutral) |
| Written consent | Required | Required |
Loading diagram...
Test Your Knowledge
What is required before a Kansas licensee can act as a dual agent?
A
B
C
D
Test Your Knowledge
What can a dual agent disclose about the buyer to the seller?
A
B
C
D