Can Real Estate Agents Represent Both Sides? Oregon & Washington Conflict Rules Explained

Yes, technically, but there are strict rules in Oregon and Washington, and you should understand what happens when one agent represents both buyer and seller.

Dual Agency: What It Means

Dual agency is when one agent (or same brokerage) represents both buyer and seller in a transaction. In Oregon and Washington, this is permitted but heavily regulated. The agent must disclose the dual representation to both parties and get written consent.

Here’s what it looks like: an agent lists a home, then brings a buyer client to purchase that same home. One agent. One transaction. Both sides.

Oregon’s Dual Agency Requirements

Oregon law allows dual agency but requires explicit written disclosure. The agent must inform both parties that they cannot represent both sides’ interests equally and cannot disclose confidential information from one side to the other.

I work with this regularly in Portland. When I represent both sides, I get written consent from buyer and seller. I must act as neutral facilitator, not advocate for either party. I cannot use buyer’s financial information to pressure seller into lower price, or use seller’s desperation to push buyer into higher offer.

Washington’s Approach

Washington similarly permits dual agency but with strict conflict-of-interest regulations. Dual agency requires written consent. The agent becomes limited representative to both sides—helpful facilitator, but not vigorous advocate for either.

Why Agents Do This

Dual agency benefits the brokerage by capturing both sides’ commission. But for you as a buyer or seller, it’s complicated.

The Buyer’s Perspective

If the listing agent brings a buyer, that agent cannot aggressively negotiate against the seller. The agent has divided loyalty. Some buyers worry they’re getting second-class representation. Reality: some buyers get good outcomes in dual agency; others would have negotiated harder with exclusive representation.

The Seller’s Perspective

Sellers sometimes like dual agency because they avoid “cooperating agent” commission splits. They pay less total commission. But the tradeoff: the listing agent might be less motivated to truly negotiate aggressively for seller if they’re earning dual commission anyway.

My Professional Take

I handle dual agency when appropriate, but I’m transparent about limitations. I tell buyers: “I’m representing both sides neutrally. For aggressive advocacy, you might want separate representation.” Most understand. If you’re buying or selling in Portland or Washington and see dual agency situation: ask questions. Understand what divided loyalty means. You have rights.

Bottom Line

Dual agency is legal with written consent. It works for some transactions. But understand you’re getting neutral facilitation, not exclusive advocacy. That matters differently depending on your negotiating position.