Dual Agency in BC: Why One Agent Can't Represent Both Sides

Since 2018, BC has banned dual agency, where one brokerage represents both the buyer and the seller in the same deal, in all but rare cases. Here is what that means when you call the listing agent on a home you like, which forms you will be given, and what to ask before you share anything about your budget.

The short version

What dual agency is, and when BC banned it

BC's Real Estate Services Rules define dual agency as a brokerage representing, in the same deal, any of these as clients:

• the seller and the buyer;
• the landlord and the tenant;
• the assignor and the assignee, as in a presale assignment;
• two or more buyers whose interests conflict, such as two buyers who want the same home.

The ban took effect on June 15, 2018. BCFSA, the regulator, says it applies in all but very rare circumstances, and the rule itself is short: a brokerage must not engage in dual agency. The reason is loyalty. An agent who represents you must act only in your best interests, and nobody can do that for both sides of the same negotiation.

Other ideas are under discussion but not in force. A June 2026 BCFSA summary of consultation feedback covered written service agreements for buyers and limits on a listing brokerage keeping the buyer-side commission when the buyer has no agent. BCFSA says it would consult further before changing the rules.

The one exception: remote locations

A brokerage may act for both sides only when the property is in an under-served remote location and it is impracticable for different licensees to serve the parties. Even then, the agent must first give each client a disclosure of the risks of dual agency, with a statement signed by the managing broker explaining why the exemption applies, and sign a dual agency agreement with each client. The brokerage then sends a copy of the disclosure to BCFSA.

BCFSA asks brokerages to consider whether other licensees work nearby, whether travel is feasible, including by boat or plane and in every season, and whether the deal is truly urgent rather than just convenient. Under dual agency, the agent can't advise either side on price or share either side's confidential information. The exemption is meant for places with few or no licensees nearby, so in the Lower Mainland and Fraser Valley cities I serve, expect each side to have its own agent, or one side to have none.

Calling the listing agent: your two choices

At an open house, the listing agent can answer factual questions without any paperwork. Once the conversation turns to your motivation, your finances or what you need in a home, they must first give you the Disclosure of Representation in Trading Services, which says whether they will represent you as a client. From there, you have two choices:

• Work with your own agent. As a client, you are owed loyalty, full disclosure, avoidance of conflicts and confidentiality. A written service agreement isn't mandatory for buyers, but it sets out what, if anything, you would pay, and BCFSA notes that without one it can be very hard to confirm everyone is keeping their commitments.
• Deal with the listing agent as a non-client. The agent stays the seller's agent. You are an unrepresented party, which BCFSA's forms call a non-client. Before you share anything confidential, the agent must give you the Disclosure of Risks to Unrepresented Parties, which explains the limited help they can offer and recommends that you get your own representation.

What the listing agent can and can't do for you

According to BCFSA's form, a listing agent working with you as a non-client can:

• share general information and real estate statistics;
• show you the property and give you factual information about it;
• give you standard real estate forms and contracts, and fill out a standard contract;
• pass on your messages and present your offers to the seller.

They can't advise you on price or on the terms and conditions to include, negotiate on your behalf, share the seller's confidential information, or protect yours. Anything relevant you tell them, such as why you are buying or the most you would pay, must be passed to the seller, so share only what you are comfortable with the seller knowing.

Two protections remain. Every agent must act honestly and with reasonable care and skill, and the listing agent must disclose to all parties any material latent defect they know about: a defect a reasonable inspection wouldn't reveal, such as one that makes the home dangerous or unfit to live in, or a lack of required permits. Be aware, too, that if the agent starts advising you, BCFSA warns that an implied agency can form, and helping you with an offer would then be dual agency. If you go this route, line up your own inspector and a lawyer or notary early.

The forms you will see

• Disclosure of Representation in Trading Services. Given before an agent provides services to you. It says whether you are a client, explains the duties owed to clients and non-clients and how to make a complaint to BCFSA, and mentions the buyer's right to rescind.
• Disclosure of Risks to Unrepresented Parties. Given to a non-client before they share confidential information. It sets out what the agent can and can't do for them.
• Disclosure to Sellers of Expected Remuneration. Given to the seller with each offer and counter-offer. It shows, in dollars, what the listing brokerage will be paid, what it keeps and what it shares with the buyer's brokerage. These are the brokerage's amounts, not the agent's.
• Disclosure of Remuneration. If an agent expects a payment from anyone other than their client, such as a referral fee, they must tell the client the source and the amount, or how it will be worked out.

The first three forms each say they are not contracts, and initialling them to acknowledge you received them is optional.

How brokerages handle both sides

• Designated agency. Most brokerages in BC work this way. The brokerage designates one or more licensees to act for you, your information is kept confidential from the other agents there, and a different agent at the same brokerage can represent the other side. The rules say designating agents this way is not dual agency.
• Brokerage agency. Many smaller brokerages work this way. You are the client of the whole brokerage, so another agent there can't act for the other side.
• Teams. If your agent works on a team, the whole team acts as your agent, so a teammate can't represent the other side.

If you want to buy a home your own agent has listed, or two of their buyers want the same home, the agent can't act for both. They must either stop representing both clients and refer each to an independent agent, or keep one client with both clients' written agreement on BCFSA's conflict form. If either client won't sign, both are released.

Questions to ask your agent

• Am I your client? The representation form should say so clearly.
• How does your brokerage work? Designated agency or brokerage agency, and are you on a team?
• What about your own listings? Ask what happens if you want one of them, or if another of their buyers wants the same home.
• How are you paid? Ask whether you will sign a service agreement and what it says about payment.
• Do you receive referral fees? Ask whether they expect a payment for recommending a lender, inspector, lawyer or notary. If so, they must disclose it to you.
• Sellers: what if a buyer calls you directly? Ask how they will handle a buyer without an agent, and what you will see about commission with each offer.

Questions buyers and sellers often ask me

Can one REALTOR® represent both the buyer and the seller in BC?

Generally, no. Since June 15, 2018, BC's rules have banned dual agency, except in an under-served remote location where separate representation is impracticable, and even then only with special disclosures and written agreements.

Can I buy a home through the listing agent?

Yes, as a non-client. The agent can show you the home, give you factual information, fill out a standard contract and present your offer, but can't advise you on price or terms, negotiate on your behalf or keep what you tell them from the seller.

Can two agents at the same brokerage represent the buyer and the seller?

Yes, if the brokerage uses designated agency, as most BC brokerages do. Under brokerage agency, or within one team, it would be dual agency.

What if I want to buy a home my own agent has listed?

Your agent can't represent both you and the seller. They must either stop acting for both of you and refer each of you to another agent, or keep one of you as a client with both your written agreement on BCFSA's form.

Do I have to sign the disclosure forms?

No. The representation, risks and seller remuneration forms each say they are not contracts, and initialling to acknowledge receipt is optional; if you decline, the agent can note that you were given the form. Read them anyway, because they tell you whose side the agent is on.

Buying or selling soon? See how a sale unfolds in the BC selling process from listing to completion, how to compete in Multiple Offers in Metro Vancouver and what happens after acceptance in From Offer to Keys.

This article is general information, not legal advice. The rules described come from BC's Real Estate Services Rules and BCFSA's forms and guidance, and were current at the time of writing. For BCFSA's guide, see agency, your real estate licensee and you.