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Rules & representation

Is dual agency legal in Minnesota, and should I agree to it?

Answered byChris DeutschLicensed MN Realtor (MN #20382264)
Direct Summary (TL;DR)

Legal, yes — with the informed written consent of both sides (Minn. Stat. § 82.67). Dual agency happens when one broker represents both buyer and seller in the same deal, including when two agents at the same brokerage each have a side. The consent appears in a boxed disclosure right in the purchase agreement, so nobody signs it by accident.

Whether you should agree is the better question. A dual agent owes duties to both parties, which means advocating fully for neither. They can't tell you the seller would take less, and can't tell the seller you'd pay more. The negotiation help you'd normally get goes quiet exactly where it matters most.

Sometimes it's workable — a clean deal, informed parties. But agree because you understand it, not to be polite. (I'm not a lawyer, and this isn't legal advice.) Questions? Call me.

I wrote this answer, and I stand behind it. I'm Chris Deutsch, a Minneapolis Realtor (MN #20382264). Twenty-five years of walking these neighborhoods, checking basements, and sitting across kitchen tables from people making exactly this call. I re-check every answer and date it — this one was last verified .

If your situation is more specific than the market, that's the one worth talking through. Email me at chris@lakesarearealty.com.

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