Dual Agency in Saskatchewan: Can One Realtor Represent Both Sides?

You have found a home, or a buyer, and then you learn that the realtor or brokerage you are dealing with also wants to act for the other side. That can feel awkward. A realtor is normally someone you rely on to look out for your interests, and it is fair to wonder how one person can do that for two people whose goals differ.

This article explains in plain words what dual agency (often called multiple representation) generally means, what kinds of questions to ask, and how to protect yourself. It does not set out the specific Saskatchewan rules, forms or limits, because those depend on the current regulations and on your agreement. A lawyer can confirm them for your situation.

This article covers the law of Saskatchewan.

What dual agency means

In an ordinary sale, the seller has a realtor and the buyer either has their own realtor or has none. Each realtor is expected to work for the person they represent. Dual agency is the situation where the same realtor, or two realtors from the same brokerage, end up representing both the buyer and the seller in one transaction.

The tension is simple. A seller generally wants the highest price and best terms. A buyer generally wants the lowest price and best terms. When one firm acts for both, it cannot push fully for each side at once.

Why it happens

It often happens by accident rather than design. A buyer who has been working with a realtor falls in love with a home that realtor's brokerage has listed. Or a seller's realtor receives an offer from a buyer who is already a client of the same firm.

• A buyer you already work with wants to view a listing held by the same brokerage.
• A seller's realtor also agrees to help an unrepresented buyer write an offer.
• Two realtors in the same office each represent one side.

None of these is automatically a problem, but each is a moment to stop and ask how the arrangement will work.

Consent, forms and what gets shared

Where one firm acts for both sides, how that is disclosed and what you are asked to agree to depends on your situation, so it is worth confirming with a lawyer. Do not treat that as a formality. The document should explain what the realtor will and will not do for you, and what changes compared with having your own dedicated representative.

The most important question is about information. When a realtor acts for both, the limits on what can be passed along, and what must be kept private, are set by the rules and by the document you sign. Read that part closely. The exact list of what may and may not be shared is worth confirming with a lawyer before you sign.

• Ask for the consent document in writing and take time to read it.
• Ask what information the realtor will keep confidential for you.
• Ask whether the realtor can still give advice on price and negotiation.
• Ask whether you can decline and use a different realtor.
• Ask what happens to your agreement if you withdraw consent.

Your options if you are uneasy

Whether you can decline an arrangement you are uncomfortable with depends on your agreement and your situation, so it is worth confirming with a lawyer. Depending on your agreement, you may be able to ask for a different realtor within the brokerage, move to another brokerage, or proceed on a more limited basis. Whether any of these is available, and what it may cost you, depends on what you have already signed.

Be especially careful if you have signed a listing or buyer representation agreement that has a set term. Ending it early may have consequences, so check the wording before you act.

What to do next

• Pause before signing anything that mentions acting for both sides.
• Gather your listing or buyer representation agreement and any consent form.
• Write down your questions, especially about confidentiality and price advice.
• Ask a lawyer to review the documents before you agree, particularly if the deal is large or the terms are unusual.
• Keep copies of everything you sign.

Real estate lawyers commonly review offers and closing documents, so a short review of a consent form fits naturally into the process.

Frequently asked questions