BIC TIP #1314: No Single Agent Dual Agency for Provisional Brokers?
Provisional brokers, this one is for you. Stephen Long, your Notorious BIC, is tracking a pending rule change at the North Carolina Real Estate Commission that would eliminate single agent dual agency for provisional brokers. It is not a rule yet, but it is in the rulemaking process, so now is the time to pay attention.
What the Proposal Would Do
Single agent dual agency is when one individual broker represents both the buyer and the seller in the same transaction. Under the proposed change, provisional brokers would no longer be able to practice single agent dual agency.
Stephen is clear that this is still in the rulemaking process. It is not in effect today. But rules in that process can become final, so it is smart to plan ahead.
Who Is and Is Not Affected
If you are a non-provisional broker, this change would not impact you at all. Carry on as usual.
If you are a PB and you regularly find yourself representing both sides, or you hope to, this proposal would change how you can handle those situations. Your broker-in-charge can walk you through what alternatives your firm uses when a PB has both a buyer and a seller interested in the same property.
Get That Provisional Status Removed
The good news is that there is a clear path forward. Stephen’s advice to provisional brokers who want to be able to act as a single agent dual agent: knock out your post-licensing courses before the rule takes effect.
Completing your post-licensing education removes your provisional status, and that is a good career move regardless of this rule. It opens doors, removes restrictions, and shows you are serious about the business.
The Practical Takeaway
Keep an eye on the Real Estate Commission’s rulemaking updates. If you are a non-provisional broker, this proposal does not affect you. If you are a provisional broker, plan on completing your post-licensing courses sooner rather than later, and talk with your broker-in-charge about how your firm handles dual agency in the meantime.
