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Real Estate

What is dual agency in BC real estate, and what must be disclosed?

TSL Written by the Treadstone Law Team· Updated November 13, 2026

This answer covers the law of British Columbia.

Dual agency means one brokerage acting for both the buyer and the seller in the same sale, and in British Columbia a brokerage must not engage in it. Designating different agents within a brokerage does not by itself count as dual agency, unless the designated licensee represents both sides as clients. A brokerage may engage in dual agency in a remote location where it is impracticable for the parties to be served by different licensees.

In that remote-location case, the licensee must first make the required disclosure to each party and then enter a written dual agency agreement with each party, and the brokerage must promptly give the superintendent the disclosure. Where a licensee would otherwise act for conflicting clients in one trade, they must either serve none of them or represent only one, and may represent only one if all clients give written agreement. The main risk is divided loyalty, because a licensee owes a client duties such as acting in the client's best interests and keeping client information confidential.

Whether your situation is dual agency or designated agency depends on the facts, so ask who the licensee represents and confirm with a lawyer before you sign.

Key takeaways

  • A brokerage must not engage in dual agency, with a narrow exception for remote locations where different licensees are impracticable.
  • In the remote-location case, the licensee must make the required disclosure to each party and enter a written dual agency agreement with each.
  • Designating agents within a brokerage is not dual agency by itself, unless the designated licensee represents both sides as clients.
  • Before providing trading services, a licensee must disclose whether or not they will represent you as a client.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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