This week’s Q&A column is sponsored and written by Hope Peele of The Peele Group and McEnearney Associates Realtors®, the leading real estate firm in Alexandria. To learn more about this article and relevant Alexandria market news, contact The Peele Group at 703-244-6115 or email [email protected]. You may also submit your questions to McEnearney Associates via email for response in future columns.
Question: What is the difference between dual and designated agency?
Answer: I have been working at open houses before and occasionally a buyer will come in, hoping to work with me — assuming that if I write the offer they will get a leg up on the competition.
What I always remind buyers is that my primary agency is to the seller. I cannot give them any information about the home, or other offers, that I wouldn’t give to another agent. More importantly, I can’t guide them in the way that I typically advise my buyers. It is completely up to them to decide the offer price. I can explain how the terms and contingencies work, but I can’t give them my true expertise in this situation.
Ultimately, this is one of the only times that a buyer can’t choose whichever agent they’d like to work with. The seller has already selected if they will allow dual agency. When signing a listing agreement with a realtor to sell their house, sellers have the option to allow dual and/or designated agents.
Also, once a buyer enters an agency agreement with their realtor they will have an opportunity to choose if they want either type of representation. The difference between the two can be a little confusing though!

Designated agency refers to agents who work under the same brokerage as the listing agent — in my case, McEnearney.
Per the Virginia contract, “Designated representation occurs when a buyer and seller in one transaction are represented by different sales associate(s) affiliated with the same broker. Each of these sales associates, known as a designated representative, represents fully the interests of a different client in the same transaction. Designated representatives are not dual representatives if each represents only the buyer or only the seller in a specific real estate transaction. In the event of designated representatives, each representative will be bound by client confidentiality requirements, set forth in the CONFIDENTIAL INFORMATION paragraph. The broker remains a dual representative.”
Designated is the most common type of agency, as it widens the pool of agents who can submit offers and allows for all agents within a company to represent the other side in a transaction. They just can’t represent both sides, and it should not be a concern to either side if different agents work for the buyer and the seller. There should never be an ethical gray area in terms of giving priority to an agent who works in my brokerage. It best serves my seller to give everyone equal consideration when it comes to bringing buyers.
Dual agency, on the other hand, refers to a realtor who is representing both buying and selling sides of a transaction. One of the most common times that this happens, is when a landlord is planning to sell and the tenants decide to buy the home. Since the tenants are living in the home, there is relatively little to negotiate between the two parties, so it’s less of a risk to each party. However, with most standard sales dual agency is not as easy. The dual agent now becomes the agent for both sides, and must maintain confidentiality on both sides. This means that neither side is truly represented to the fullest extent.
Per the Virginia contract, “Dual representation occurs when the same broker and the same sales associate represent both the buyer and seller in one transaction. In the event of dual representation, the broker will be bound by confidentiality requirements for each client, set forth in the CONFIDENTIAL INFORMATION paragraph.”
Choosing the same realtor as the seller when purchasing a house, and engaging in dual agency, can present significant risks for both sides, but mostly to buyers. It can create a conflict of interest, and makes it very difficult do the best job for both parties. Dual agency can compromise the buyer’s ability to negotiate the best deal and it certainly reduces the ability to get unbiased advice.
I always recommend that you choose an experienced realtor to represent just your interests. This assures that you get the advocacy that you need in the complicated world of real estate and that you ultimately have a smoother and more advantageous home buying experience.
Hope Peele is a licensed real estate agent with McEnearney Associates, Inc. in Alexandria, Virginia. She grew up in Old Town and currently lives in Del Ray. As a partner with The Peele Group, Hope is dedicated to guiding her clients successfully through the many-faceted process of buying or selling a home. Contact Hope at 703-244-6115.
If you would like a question answered in our weekly column or to set up an appointment with one of our Associates, please email: [email protected] or call 703-549-9292.
McEnearney Associates Realtors®, 109 S. Pitt Street, Alexandria, VA 22314. www.McEnearney.com Equal Housing Opportunity. #WeAreAlexandria



