We are sometimes asked to comment on this.  My opinion is that each buyer and seller is better served by his or her own separate representation.  As I sometimes say when I teach an agents’ course in Agency ( how real estate agents work for their clients), this situation is positively Biblical in its proportions; you really can’t serve two masters.  The Code of Virginia allows a real estate agent to represent both sides of the same transaction when permission is given in writing by the Buyer and Seller-and that permission is given before the contract is written.  In reading a recent posting on Jim Duncan’s blog Real Central Virginia, I agreed with his stance on this very important issue. 

Clarifying my stance against Dual Agency

I have long argued against Dual Agency, and need to slightly redefine/clarify my opposition - My beef is with Single Agent Dual Agency where the same agent represents both sides of a transaction. In principle and practice, Dual Agency, also known as Designated Agency, when practiced by agents in the same firm should be legal and ethical.

From the Virginia code:

“Designated agent” or “designated representative” means a licensee who has been assigned by a principal or supervising broker to represent a client when a different client is also represented by such principal or broker in the same transaction.

“Dual agent” or “dual representative” means a licensee who has a brokerage relationship with both seller and buyer, or both landlord and tenant, in the same real estate transaction.