Conventional wisdom tells buyers and sellers to avoid working with a dual agent, and the reason is simple. Since dual agents work for both parties, it is impossible for them to represent the best interest of both parties. Dual agency is so controversial that it is even illegal in some U.S. states, including Florida and Vermont.
In New York State, dual agency is legal but with several restrictions. Most notably, New York State law requires agents representing the buyer and seller to inform both parties of their “agency relationship and the rights and obligations it creates” and obtain written consent. This article summarizes the pros and many cons of working with dual agents.
In New York State, dual agency is legal but with several restrictions. Most notably, New York State law requires agents representing the buyer and seller to inform both parties of their “agency relationship and the rights and obligations it creates” and obtain written consent. This article summarizes the pros and many cons of working with dual agents.
In this article:
Reasons to Avoid Working with a Dual Agent
First and foremost, a dual agent can’t offer the full range of services offered by an agent who only represents one side of a transaction. If you’re a seller, this essentially means you’ll end up paying an agent’s full fee (usually 6%) for partial or incomplete services. But the risks may be even higher for buyers.
Although buyers don’t pay agents’ fees (the seller typically covers both the buyer and seller agents’ fees), buyers have even more to lose when they choose to work with a dual agent. Since the agent also represents the seller, they are highly unlikely to help the buyer get the best deal possible. In addition, a dual agent is also unlikely to encourage the buyer to carry out a full inspection—one that might reveal flaws that could put them in a better position to bargain or even dissuade them from buying the property.
Although buyers don’t pay agents’ fees (the seller typically covers both the buyer and seller agents’ fees), buyers have even more to lose when they choose to work with a dual agent. Since the agent also represents the seller, they are highly unlikely to help the buyer get the best deal possible. In addition, a dual agent is also unlikely to encourage the buyer to carry out a full inspection—one that might reveal flaws that could put them in a better position to bargain or even dissuade them from buying the property.
Read New York State’s “Be Wary of Dual Agency” memorandum to learn more about the potential risks of working with a dual agent.
Potential Exceptions
While most sellers are looking to make as much as possible from a sale and may be willing to wait to get the highest possible bid, for some sellers, the speed of the sale is a top concern (e.g., when settling an estate). In this case, a dual agent can be helpful. Well-positioned to mediate between the buyer and seller, a dual agent may be able to accelerate a closing. In some cases, dual agents may also be willing to close a deal for a lower fee (e.g., 4.5% or 5% rather than the standard 6%), which can save the seller tens of thousands of dollars at closing.
Even if there are a few potential advantages for sellers looking to close a deal quickly, working with a dual agent is still rarely the best or only option. For example, in estate sale situations when sellers often want to close quickly and avoid the cost and time of staging a property, finding an investor willing to buy the property “as-is” in a cash-only deal is nearly always a better option.
Even if there are a few potential advantages for sellers looking to close a deal quickly, working with a dual agent is still rarely the best or only option. For example, in estate sale situations when sellers often want to close quickly and avoid the cost and time of staging a property, finding an investor willing to buy the property “as-is” in a cash-only deal is nearly always a better option.
Rights and Expectations When Working with Dual Agent
As per New York State law, in a dual agency situation, “the agent will not be able to provide the full range of fiduciary duties to the buyer and seller.” For this reason, the law further stipulates, “A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation.” Still, despite this reality, dual agency is legal in New York State. If you end up working with a dual agent, this is what you need to know.
First, if you’re working with a dual agent as a buyer or seller, they must a.) informed you upfront and b.) obtain your written consent to proceed. Second, as already noted, when working with a dual agent, it is important to have realistic expectations. A dual agent is more likely to play the role of a mediator than a coach. Finally, buyers, in particular, need to be prepared to do a lot more leg work. A buyer’s agent will generally do whatever they can to discover information relevant to drive the negotiations, including digging deep to find information to help the negotiations tip in the buyer’s favor. A dual agent is very limited in what they can reveal, which naturally disadvantages buyers.
As a rule of thumb, one should avoid working with a dual agent whenever possible. If you do find yourself in this situation, know your rights. If you were coerced or tricked into working with a dual agent or never gave your consent, report the violation to New York’s Department of State.
Upcoming Open Houses
Brooklyn
632 11th Street, #3
$1,425,000
Park Slope | Condominium | 2 Bedrooms, 2 Baths | 1,220 ft2
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632 11th Street, #3 (Corcoran Group)
433 3rd Street, #3
$1,750,000
Park Slope | Cooperative | 4 Bedrooms, 1.5 Baths
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433 3rd Street, #3 (Corcoran Group)
Front & York, #12F
$2,495,000
DUMBO | Condominium | 2 Bedrooms, 2 Baths | 1,291 ft2
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Front & York, #12F (Decode Real Estate)
Downtown / Financial District / BPC
176 Broadway, #12D
$889,000
Financial District | Cooperative | 1 Bedroom, 2 Baths | 1,400 ft2
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176 Broadway, #12D (ALTA Real Estate)
The Broad Exchange Building, #15K
$1,415,000
Financial District | Condominium | 2 Bedrooms, 2 Baths | 1,121 ft2
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The Broad Exchange Building, #15K (Coldwell Banker Warburg)
250 Mercer Street, #C412
$1,750,000
Greenwich Village | Cooperative | 1 Bedroom, 1 Bath
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250 Mercer Street, #C412 (Corcoran Group)
The Emory, #6
$1,995,000
Chelsea | Condominium | 2 Bedrooms, 2 Baths | 1,372 ft2
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The Emory, #6 (Compass)
The Willow, #11A
$2,375,000
Gramercy Park | Condop | 2 Bedrooms, 2 Baths | 1,161 ft2
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The Willow, #11A (Compass)
Rose Hill, #31B
$2,450,000
Gramercy Park | Condominium | 1 Bedroom, 1 Bath | 803 ft2
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Rose Hill, #31B (Compass)
Novare, #2W
$2,600,000
Greenwich Village | Condominium | 2 Bedrooms, 2 Baths | 1,807 ft2
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Novare, #2W (Compass)
111 Murray Street, #35W
$6,790,000
Tribeca | Condominium | 3 Bedrooms, 3.5 Baths | 2,280 ft2
Open House: Sunday, March 15, 2026
111 Murray Street, #35W (Compass)
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Midtown
Worldwide Plaza, #3T
$895,000
Midtown West | Condominium | 1 Bedroom, 1 Bath | 769 ft2
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Worldwide Plaza, #3T (Corcoran Group)
Beekman Court, #5G
$1,050,000
Midtown East | Cooperative | 2 Bedrooms, 2 Baths
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Beekman Court, #5G (Corcoran Group)
Sutton House, #PHCB
$1,295,000 (-4.1%)
Beekman/Sutton Place | Cooperative | 2 Bedrooms, 1.5 Baths
Open House: Sunday, March 15, 2026
Sutton House, #PHCB (Compass)
NINE52, #TH215
$1,475,000
Midtown West | Condominium | 1 Bedroom, 1.5 Baths | 1,209 ft2
Open House: Saturday and Sunday, March 14-15, 2026
NINE52, #TH215 (Corcoran Group)
35 Sutton Place, #10E
$1,695,000
Beekman/Sutton Place | Cooperative | 2 Bedrooms, Unknown Baths
Open House: Sunday, March 15, 2026
35 Sutton Place, #10E (Sothebys International Realty)
Le Premier, #32S
$1,699,000
Midtown West | Condominium | 2 Bedrooms, 2.5 Baths | 1,712 ft2
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Le Premier, #32S (Corcoran Group)
Thorndale, #3D
$1,795,000
Midtown West | Condominium | 2 Bedrooms, 2 Baths | 1,274 ft2
Open House: Sunday, March 15, 2026
Thorndale, #3D (Douglas Elliman Real Estate)
Veneto, #2702
$1,995,000
Midtown East | Condominium | 2 Bedrooms, 2 Baths | 1,371 ft2
Open House: Sunday, March 15, 2026
Veneto, #2702 (Compass)
ONE11 Residences, #34A
$2,200,000 (-4.3%)
Midtown West | Condominium | 1 Bedroom, 1 Bath | 707 ft2
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ONE11 Residences, #34A (Berkshire Hathaway HomeServices New York Properties)
309 East 49th Street, #PH1
$2,300,000
Midtown East | Condominium | 3 Bedrooms, 3 Baths | 1,759 ft2
Open House: Sunday, March 15, 2026
309 East 49th Street, #PH1 (Douglas Elliman Real Estate)
172 Madison, #11A
$2,995,000
Murray Hill | Condominium | 2 Bedrooms, 2.5 Baths | 1,479 ft2
Open House: Sunday, March 15, 2026
172 Madison, #11A (Corcoran Group)
Upper East Side
310 East 70th Street, #10G
$399,000
Lenox Hill | Cooperative | Studio, 1 Bath
Open House: Sunday, March 15, 2026
310 East 70th Street, #10G (Brown Harris Stevens Residential Sales LLC)
218 East 82nd Street, #4FW
$399,999
Yorkville | Cooperative | 1 Bedroom, 1 Bath
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218 East 82nd Street, #4FW (Compass)
45 East End Avenue, #14E
$625,000
Yorkville | Cooperative | 1 Bedroom, 1 Bath | 780 ft2
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45 East End Avenue, #14E (Corcoran Group)
The Royal York I, #W6A
$799,000
Lenox Hill | Condop | 1 Bedroom, 1 Bath
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The Royal York I, #W6A (Compass)
139 East 63rd Street, #7A
$1,499,000
Lenox Hill | Cooperative | 3 Bedrooms, 3 Baths
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139 East 63rd Street, #7A (Howard Hanna NYC)
The Edgewater, #4D
$1,800,000
Lenox Hill | Cooperative | 3 Bedrooms, 2 Baths | 1,605 ft2
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The Edgewater, #4D (Brown Harris Stevens Residential Sales LLC)
Upper West Side and Upper Manhattan
Hudson View Gardens, #H41
$567,000
Washington Heights | Cooperative | 1 Bedroom, 1 Bath
Open House: Sunday, March 15, 2026
Hudson View Gardens, #H41 (Corcoran Group)
249 West 102nd Street, #1B
$575,000
Riverside Dr./West End Ave. | Cooperative | 1 Bedroom, 1 Bath
Open House: Tuesday, March 17, 2026
249 West 102nd Street, #1B (Howard Hanna NYC)
Coliseum Plaza, #508
$700,000
Riverside Dr./West End Ave. | Cooperative | 1 Bedroom, 1 Bath
Open House: Saturday and Sunday, March 14-15, 2026
Coliseum Plaza, #508 (Brown Harris Stevens Residential Sales LLC)
341 West 87th Street, #PHR
$985,000
Riverside Dr./West End Ave. | Cooperative | 1 Bedroom, 1 Bath
Open House: Sunday, March 15, 2026
341 West 87th Street, #PHR (Corcoran Group)
The Ardsley, #14D
$1,199,000
Central Park West | Cooperative | 1 Bedroom, 1.5 Baths
Open House: Sunday, March 15, 2026
The Ardsley, #14D (Sherman NYC)
14 West 87th Street, #5
$1,595,000
Central Park West | Cooperative | 1 Bedroom, 1 Bath
Open House: Sunday, March 15, 2026
14 West 87th Street, #5 (Compass)
825 West End Avenue, #7D
$1,895,000
Riverside Dr./West End Ave. | Condominium | 2 Bedrooms, 2 Baths | 1,687 ft2
Open House: Sunday, March 15, 2026
825 West End Avenue, #7D (Corcoran Group)
The Allegro, #4D
$2,500,000
Lincoln Center | Condominium | 3 Bedrooms, 3 Baths | 1,657 ft2
Open House: Sunday, March 15, 2026
The Allegro, #4D (Sothebys International Realty)
755 West End Avenue, #8A
$2,670,000
Riverside Dr./West End Ave. | Cooperative | 3 Bedrooms, 2 Baths
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755 West End Avenue, #8A (Sothebys International Realty)
Apple Bank Building, #4B
$2,825,000
Broadway Corridor | Condominium | 2 Bedrooms, 2.5 Baths | 1,659 ft2
Open House: Sunday, March 15, 2026
Apple Bank Building, #4B (Douglas Elliman Real Estate)
The Bronx
Skyview on Hudson, #11E
$320,000
Riverdale | Cooperative | 1 Bedroom, 1 Bath
Open House: Saturday and Sunday, March 14-15, 2026
Skyview on Hudson, #11E (Douglas Elliman Real Estate)
Villa Charlotte Bronte, #H2
$1,245,000 (-5.3%)
Spuyten Duyvil | Cooperative | 4 Bedrooms, 2.5 Baths | 1,995 ft2
Open House: Sunday, March 15, 2025
Villa Charlotte Bronte, #H2 (Douglas Elliman Real Estate)
Would you like to tour any of these properties?
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Contributing Writer
Cait Etherington
Cait Etherington has over twenty years of experience working as a journalist and communications consultant. Her articles and reviews have been published in newspapers and magazines across the United States and internationally. An experienced financial writer, Cait is committed to exposing the human side of stories about contemporary business, banking and workplace relations. She also enjoys writing about trends, lifestyles and real estate in New York City where she lives with her family in a cozy apartment on the twentieth floor of a Manhattan high rise.
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