BIC TIP #1254: No Ban on Dual Agency (For Now)

Good news, agents: there is no ban on single agent dual agency, at least not right now. Stephen Long has been tracking a proposed rule change at the North Carolina Real Estate Commission, and the Commission has tabled the idea for the time being.

What Was on the Table

You may have heard Stephen talk about it before. There was a proposal at the Real Estate Commission that would have eliminated single agent dual agency as an option in North Carolina. That is the situation where one individual broker represents both the buyer and the seller in the same transaction.

For many agents, especially those who list a lot of property and field calls from unrepresented buyers, that proposal would have been a significant change.

Kicking the Can Down the Road

According to Stephen, the Commission met and tabled the idea. In other words, they are kicking the can down the road rather than adopting the ban right now.

However, this is not necessarily the end of the story. Stephen notes that the new version the Commission plans to review anticipates changes such as a ban on single agent dual agency for provisional brokers, along with additional disclosure requirements so that consumers know exactly what they are getting into.

Check Your Firm Policy First

As it stands, single agent dual agency remains available in North Carolina. But just because the law allows it does not mean every firm does. Some firms choose not to permit it, and others have specific procedures in place.

Before you represent both sides of a deal, check with your broker-in-charge to make sure it works for your firm and, just as importantly, for the consumer. Dual agency requires informed consent, and the clients need to truly understand what they are agreeing to. Keep an eye on future Commission meetings, too, because this topic is likely to come back around.

The Practical Takeaway

The proposed ban on single agent dual agency has been tabled, so it remains an option in North Carolina for now. A future version may restrict provisional brokers and add disclosure requirements. Follow your firm’s policy, make sure consumers fully understand dual agency, and stay tuned for updates.

This BIC Tip is general real estate education for licensees and consumers, not legal, tax, or financial advice. Rules and forms change, so verify current NCREC rules, MLS rules, and standard forms, and consult a North Carolina attorney or qualified professional about your specific situation. See Disclaimers & Disclosures.