Key Takeaways

  • Pennsylvania permits dual agency only with written informed consent from both parties
  • In dual agency, the licensee cannot advocate for either party and must remain neutral
  • Designated agency allows different licensees in the same firm to represent different parties
  • Confidential information cannot be disclosed without written permission in dual agency
  • Both parties must sign a consent form acknowledging the limitations of dual agency
Last updated: January 2026

Dual Agency and Designated Agency in Pennsylvania

Pennsylvania permits both dual agency and designated agency when a potential conflict exists, but strict requirements apply.

What is Dual Agency?

Dual agency occurs when:

  • The same licensee represents both buyer and seller
  • Both parties have given written informed consent
  • The licensee's advocacy is limited

"Dual" Means Limited

In dual agency, the licensee cannot:

  • Advocate for one party over the other
  • Share one party's confidential information with the other
  • Recommend a price or terms that favor one party
  • Advise either party on negotiation strategies

Requirements for Dual Agency

Written Consent

Both parties must provide written informed consent that includes:

ElementDescription
Identity of partiesNames of buyer and seller
AcknowledgmentBoth understand the limitations
DisclosureWhat can and cannot be done
SignatureBoth parties sign the consent

Disclosure of Limitations

The consent form must explain:

  • The licensee will not be able to advocate for either party
  • Confidential information will be protected
  • The licensee will facilitate the transaction neutrally
  • Either party may choose separate representation instead

Confidential Information

What Cannot Be Disclosed (Without Permission)

From SellerFrom Buyer
Lowest acceptable priceHighest price willing to pay
Motivation to sellMotivation to buy
Willingness to accept termsFinancial qualifications beyond what's disclosed
Urgency to closeUrgency to close

What Must Still Be Disclosed

Even in dual agency, the licensee must disclose:

  • Material facts about property condition
  • Known defects
  • Information required by law

Designated Agency

Pennsylvania also allows designated agency as an alternative to dual agency.

How Designated Agency Works

FeatureDescription
Same brokerageBoth licensees work for same broker
Different agentsEach party has their own licensee
Full representationEach agent can advocate for their client
Broker supervisionBroker oversees both and remains neutral

Requirements for Designated Agency

  1. Written agreement establishing designated agency
  2. Different licensees assigned to each party
  3. Confidentiality maintained between designated agents
  4. Broker remains neutral and supervises both

Comparison: Dual vs. Designated Agency

AspectDual AgencyDesignated Agency
Agents involvedSame licensee for bothDifferent licensees
AdvocacyLimited/neutralFull for each party
ConfidentialityProtected from bothProtected within teams
Broker's roleMay be the dual agentNeutral supervisor
Client preferenceMay not want same agentPrefer own advocate

In-House Transactions

When buyer and seller clients are both with the same brokerage:

Options Available

  1. Dual Agency - One licensee represents both (with consent)
  2. Designated Agency - Different licensees for each party
  3. Release One Client - One party seeks different representation
  4. Transaction Licensee - Provide services without representing either

Best Practice: Designated agency is often preferred as it allows each party to have their own advocate while keeping the transaction within the brokerage.

Broker Office Policies

Brokers may establish policies regarding dual and designated agency:

Policy OptionDescription
Permit bothAllow with proper consent
Designated onlyPrefer designated over dual
Prohibit dualNever practice dual agency
Case-by-caseEvaluate each situation

If a broker's policy prohibits dual agency and a conflict arises, designated agency or separate representation must be arranged.

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Pennsylvania Dual vs. Designated Agency
Test Your Knowledge

What is the key difference between dual agency and designated agency in Pennsylvania?

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Test Your Knowledge

In a Pennsylvania dual agency situation, a licensee can:

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