Is dual agency legal in Minnesota, and should I agree to it?
Answered by Chris Deutsch, Founder & Editor
Licensed Minnesota Realtor #20382264 ·
The short answer
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.
On stage The 60-second answer
Captions on · Transcript below
The stage is set.
Chris's video answer is on its way. Until then, the short answer above says the same thing.
The transcript posts with the video.
The longer answer
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.
The next department over
What people in this spot usually ask next.
- Rules & representationMy agent handed me an agency disclosure form at our first meeting. What am I signing?Read the answer
- Rules & representationWhat actually changed after the NAR settlement?Read the answer
- Rules & representationWho pays my buyer's agent now?Read the answer
- The banned-term explainersWhat's an "office exclusive" listing?Read the answer
- Rules & representationI signed a buyer representation agreement and it's not working out. Can I get out of it?Read the answer
- The banned-term explainersMy agent mentioned a "withheld listing." What does that actually mean in Minnesota?Read the answer
From the editor's desk
“As Founder and Editor, I review, correct, and stand behind every answer.”
Is your situation more specific than the market? That's the one worth talking through.