Key Takeaways

  • Dual agency occurs when one broker represents both buyer and seller in the same transaction
  • North Carolina permits dual agency only with informed written consent from both parties
  • Designated agency allows a firm to assign different brokers to represent each party with full fiduciary duties
  • In dual agency, the broker becomes a neutral facilitator and cannot advocate for either party
  • The broker-in-charge cannot be a designated agent since they supervise all affiliated brokers
Last updated: January 2026

Dual Agency and Designated Agency in North Carolina

North Carolina permits both dual agency and designated agency relationships, but each has specific requirements and limitations.

Dual Agency

Dual agency occurs when a broker represents both the buyer and seller in the same transaction.

Requirements for Dual Agency

  1. Written disclosure to both parties
  2. Informed consent from both parties
  3. Must be disclosed in the agency agreement
  4. Both parties must understand the limitations

Dual Agent Limitations

When acting as a dual agent, the broker:

Can DoCannot Do
Facilitate the transactionAdvocate for one party
Provide factual informationNegotiate on behalf of one party
Present offers and counteroffersDisclose confidential information
Prepare contractsAdvise on offer strategy

What a Dual Agent Cannot Disclose

Without written permission, a dual agent cannot reveal:

To BuyerTo Seller
Seller's minimum acceptable priceBuyer's maximum price
Seller's motivationBuyer's motivation
Why seller is sellingWhy buyer is buying
Seller's urgencyBuyer's urgency

Exam Tip: In dual agency, both parties lose the right to full advocacy. The broker becomes a neutral facilitator.

Designated Agency

Designated agency is North Carolina's solution for avoiding the conflicts of dual agency while allowing a firm to work with both sides.

How Designated Agency Works

When a brokerage represents both buyer and seller:

  1. BIC designates different brokers for each party
  2. Each designated broker owes full fiduciary duties to their assigned client
  3. Confidentiality is maintained between designated brokers
  4. The BIC remains neutral and supervises both

Key Rules for Designated Agency

RuleExplanation
BIC cannot be designatedBIC supervises all, cannot take sides
Written designation requiredMust document the assignment
Full duties owedEach designated broker owes full fiduciary duties
Confidentiality preservedInformation not shared between designated agents

Designated Agent Duties

Each designated agent:

  • Represents ONLY their assigned client
  • Owes full fiduciary duties
  • Can advocate fully for their client
  • Keeps confidential information private

Comparison: Dual Agency vs. Designated Agency

AspectDual AgencyDesignated Agency
Number of agentsSame broker for bothDifferent brokers for each
AdvocacyNone - neutralFull advocacy for each
ConfidentialityShared/limitedMaintained separately
Fiduciary dutiesLimitedFull to assigned client
Client preferenceLess protectionMore protection

Agency Disclosure in Offers

When presenting an offer, the broker must disclose:

  • Who they represent
  • Any dual agency relationship
  • Any designated agency arrangement

This disclosure typically appears in the offer to purchase.

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Dual Agency vs. Designated Agency in NC
Test Your Knowledge

In North Carolina designated agency, who assigns brokers to represent each party?

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B
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D
Test Your Knowledge

What is the main advantage of designated agency over dual agency?

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B
C
D
Test Your Knowledge

In a dual agency situation, which of the following can a broker do?

A
B
C
D