Can a broker legally represent both the buyer and seller in the same deal?
It's possible in some circumstances, but it isn't something a broker can simply decide to do without addressing the obvious conflict of interest that comes with representing both sides of the same negotiation. As a general matter of agency law, a broker owes duties of loyalty and full disclosure to their client, and representing both the buyer and seller at once puts those duties in direct tension unless both parties clearly understand and agree to the arrangement.
Where the sale involves real property, Ontario's real estate brokerage rules generally require a broker to obtain informed written consent from both parties before acting for both sides of a transaction — treating this as something that must be knowingly agreed to, in writing, rather than assumed. Outside a real-property component, that specific statutory framework may not apply, but the same underlying conflict-of-interest concern still exists under general agency principles, and a broker acting for both sides should still be disclosing that clearly and getting your informed agreement. If you're asked to accept this arrangement, understand exactly what it means for whose interests are actually being represented before agreeing, ideally with a Treadstone business lawyer reviewing the terms.
Key takeaways
- Dual representation is legally possible but requires addressing a genuine conflict of interest, not assuming it away.
- Where real property is involved, informed written consent from both parties is generally required.
- Outside real property, the same conflict-of-interest principle still applies under general agency law.
- Understand exactly what dual representation means for your interests before agreeing to it.