Foraker Realty Co
(484) 406-3004
ENES
faq·

Is Dual Agency Legal in PA, DE and MD? What Happens When One Brokerage Represents Both Sides

You'll read online that dual agency is illegal in Maryland. It isn't, but Maryland handles it differently than Pennsylvania or Delaware. Here's how each state works and what to ask before you agree to it.

Cover: Is Dual Agency Legal in PA, DE and MD? What Happens When One Brokerage Represents Both Sides

Short answer: Yes, dual agency is legal in Pennsylvania, Delaware and Maryland, but every state puts guardrails on it. In Pennsylvania, an agent needs the written consent of both buyer and seller to act as a dual agent. In Delaware, an agent working for both sides of a 1-to-4 unit sale is presumed to be a dual agent by statute, and the Consumer Information Statement you sign is where that relationship is disclosed or changed. In Maryland, only the broker (or a branch office manager) can be the dual agent, with the written informed consent of everyone, and the broker assigns a separate "intra-company agent" to each side. Despite what some national websites say, dual agency is not illegal in Maryland.

I'm Brian Foraker, owner of Foraker Realty Co. With 85 agents working across PA, DE and MD, it's common that one of our agents has the listing and another of our agents has the buyer who loves it. Here's how that works in each state, and what you should ask. Last reviewed October 12, 2026. General information, not legal advice.

What is dual agency?

Dual agency is when one agent, or one brokerage, represents both the buyer and the seller in the same transaction. The obvious tension: the seller wants the highest price and the buyer wants the lowest. So every state limits what a dual agent may share. Commonly, without permission a dual agent can't tell the other side that the seller would take less, that the buyer would pay more, or why either party is motivated.

How does dual agency work in Pennsylvania?

Pennsylvania's Consumer Notice, which every licensee must give you at the first interview, lays out the options:

  • Dual agent: works for both parties, may not take any action adverse or detrimental to either, must still disclose known material defects, and needs written consent of both parties first.
  • Designated agent: the broker designates one agent to represent only the seller and a different agent to represent only the buyer. Because the broker supervises both, the broker is automatically a dual agent and must take reasonable steps to keep each side's confidential information inside the right walls.
  • Transaction licensee: helps with the transaction without representing either side, but still can't reveal that the seller will take less, that the buyer will pay more, or that either will accept different financing terms.

The Notice also says something buyers often miss: unless you sign a written agreement, the licensee is not representing you.

How does dual agency work in Delaware?

Delaware replaced common-law agency with statutory agency. For 1-4 family homes, an agent working for the buyer is presumed to represent the buyer, an agent working for the seller is presumed to represent the seller, and an agent working for both is presumed to be a dual agent (24 Del. C. § 2933). You can rebut that presumption by signing a Consumer Information Statement that sets up a different relationship.

The Consumer Information Statement (CIS) must reach you no later than the first scheduled appointment, the first showing, or making an offer, whichever comes first, and must be signed before a listing agreement or agreement of sale (§ 2938). Delaware also lets a broker designate specific agents to represent a client to the exclusion of everyone else in the office (§ 2936). Dual and designated agents may not reveal that a buyer will pay more, that a seller will accept less, or a party's personal motivations.

Is dual agency illegal in Maryland?

No. Maryland Business Occupations & Professions § 17-530.1 allows a licensed broker, or a branch office manager, to act as a dual agent once it has the written informed consent of all parties. The broker then assigns one intra-company agent to the seller and another to the buyer. Those agents give the same service as in any other deal, including advice on price and negotiating strategy. The law also says a dual agent may not also act as an intra-company agent in the same transaction.

The Maryland Real Estate Commission's Consent for Dual Agency form adds two practical rules:

  • If you signed consent earlier, you re-affirm it for the specific property (buyer) or the specific buyer (seller) before the offer is presented or accepted.
  • If either party refuses, the broker must end the relationship for that property with the buyer, the seller or both, so someone finds other representation.

Should I agree to dual agency?

It depends on how much you value one office coordinating the deal versus an advocate with no tie to the other side. Questions I'd ask any brokerage, including mine:

  1. Will I have my own agent who isn't also working for the other party?
  2. How is confidential information kept separate in the office?
  3. What exactly can't my agent tell me or the other side?
  4. Can I say no and still be represented?

How does Foraker handle it?

When one of our agents lists a home and another of our agents brings the buyer, the state's own form tells you exactly what that relationship is, and you'll see it before you sign anything. Ask your agent to walk you through it. <!-- [VERIFY with Paige Rhoades / Kelly: describe Foraker's actual designated/dual agency practice per state before publishing anything more specific] --> If you're buying, our buyer agency FAQ explains the written agreement you'll sign first. Questions? Call (484) 406-3004.

Sources

Related