Quick Answer
Dual agency happens most often when a buyer falls for a home listed by their own agent's brokerage. Indiana licensing law calls this arrangement limited agency, and it only happens with written, informed consent from everyone involved.
- Indiana term
- Limited agency
- Consent required
- Written, from both buyer and seller
- Advocacy level
- Neutral - no full representation for either side
- Your right
- You can decline and request a different agent
How Dual Agency Comes Up
Dual agency usually starts small: a buyer working with an agent falls for a home that same brokerage happens to have listed. Rather than send the buyer elsewhere, the brokerage may offer to represent both sides, with the individual agent stepping into a neutral role.
Because the agent now owes duties to two clients with opposing goals, they legally cannot push for the highest price for the seller while also pushing for the lowest price for the buyer. Both parties have to agree to this trade-off in writing before it happens.
What You Give Up
A neutral agent cannot share what a buyer is truly willing to pay or what a seller would truly accept, and cannot advise either side on negotiation strategy the way a fully dedicated buyer's agent or listing agent would. You still get basic honesty and disclosure, just not full advocacy.
If full representation matters to you, you can ask for a different agent inside the same brokerage, sometimes called appointed agency, or work with a completely separate company instead.
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Frequently Asked Questions — Dual agency
Is dual agency legal in Indiana?
Yes, but only with written, informed consent from both the buyer and the seller, and only after the arrangement is fully disclosed.
Can I say no to dual agency?
Yes. You can ask for a different agent within the brokerage or choose a separate agency so you keep full representation.
Does a dual agent still have to be honest with me?
Yes, basic honesty and disclosure still apply, but the agent cannot advocate fully for either side or share confidential negotiating positions.
Do I still need a representation agreement in a dual agency deal?
Yes. A Buyer Representation Agreement still applies on the buyer side, and any fee-sharing the seller agrees to cover is spelled out in writing, not assumed.