Dual Agency in BC: What Buyers and Sellers Should Know

Short answer: Dual agency, where one real estate professional represents both the buyer and the seller in the same deal, has been prohibited in BC since June 15, 2018, except in rare cases involving remote, under-served locations. Two different agents at the same brokerage can still each represent one side. If you contact a listing agent directly without your own agent, you’ll usually be treated as an unrepresented party, which means that agent can’t advise you or negotiate for you.

This is one of the most misunderstood parts of buying and selling in BC. Buyers often call the listing agent thinking they’ll get a better deal or an inside track. Sellers sometimes assume their agent can “handle both sides.” Here’s how it actually works, as of 2026.

What is dual agency?

BCFSA describes dual agency as a licensee representing two or more parties with competing interests in the same trade, such as a buyer and a seller, or two competing buyers. The problem is obvious once you think about it: the seller wants the highest price, the buyer wants the lowest, and one person can’t fully advocate for both.

When did BC restrict dual agency?

New rules took effect on June 15, 2018. Under them, a brokerage must not engage in dual agency except in narrow circumstances. You can read the background in BCFSA’s overview of changes to agency and disclosure rules.

Are there any exceptions?

Only one, and it’s narrow. According to BCFSA’s agency information, dual agency is only permitted when the property is in a remote location that’s under-served by real estate professionals, and it’s impracticable for the parties to be served by different professionals.

BCFSA’s guideline on the dual agency exemption describes factors like no other professionals being available locally, significant travel time or special arrangements (such as a boat or charter plane) and limited road access. Even then, the parties must receive a Disclosure of Risks Associated with Dual Agency form, the managing broker must sign a statement explaining why the exemption applies, and the parties must sign a written agreement.

Vernon and Coldstream are well served by real estate professionals, so for most transactions here, dual agency simply isn’t an option.

Can two agents from the same brokerage represent each side?

Yes. This is called designated agency. BCFSA explains that two professionals within the same brokerage, each designated to a different client, can represent a buyer and a seller in the same transaction without creating a conflict of interest. Each agent owes their duties, including confidentiality, only to their own client.

So if you’re buying a home listed by another agent at my brokerage, I can still represent you, and they represent the seller.

What happens if I call the listing agent directly?

This is the most common situation. If you contact the listing agent and don’t have your own agent, you’ll usually be treated as an unrepresented party. The agent must give you a Disclosure of Risks to Unrepresented Parties form.

According to BCFSA’s Not a Client? Know the Risks brochure, a professional who doesn’t represent you cannot:

advise you on an appropriate price
advise you on terms and conditions to include in a contract
negotiate on your behalf
protect your confidential information

They can:

share general information and real estate statistics
show you the property and give you factual information about it
give you standard forms and fill out a standard contract
present your offers to their client

And importantly, they owe loyalty to the seller. Anything you tell them, like your top price or how badly you want the home, they must pass on to their client.

What if my own agent has the listing I want?

If you’re already working with an agent as a buyer and they have a home listed that you want to buy, that’s a conflict. BCFSA’s agency guidelines say the agent must disclose the conflict promptly and explain your options. Depending on the situation, that might mean referring you to another agent to represent you, or other steps the agent’s brokerage will explain. Ask your agent how they’d handle it before it comes up.

What forms should I expect to see?

Disclosure of Representation in Trading Services: signed before an agent provides services to you as a client
Disclosure of Risks to Unrepresented Parties: given when you’re dealing with an agent who doesn’t represent you
Disclosure of Risks Associated with Dual Agency: only in the rare remote-location exception

BCFSA’s consumer guide to disclosures covers each one.

Should buyers have their own agent?

You’re not required to. But in most cases, the seller’s commission already includes a share for the buyer’s brokerage, so representation often costs the buyer little or nothing directly. Check your buyer agency agreement for how that works, since you may agree to cover a shortfall. See what your realtor’s commission actually pays for.

Having your own agent means someone who can advise you on price, write protective subjects and negotiate for you. My buying a home page explains how I work with buyers.

How should you choose that agent?

Interview a few before you sign a buyer agency agreement. Ask how well they know your target neighbourhoods and school catchments, how they’d handle a conflict like the one above, and what’s included. My guide on how to interview a realtor has 15 questions. If you already have a buyer agency agreement, read it and honour it; the renewal or expiry date is the natural time to compare.

For legal questions about representation or a contract, speak with a lawyer or notary. And if you just want a quick answer on a Vernon listing any time, you can call Sarah, my 24/7 AI info line, at 604-227-4810.

Frequently asked questions

Is dual agency legal in BC?

It has been prohibited since June 15, 2018, except in rare cases where the property is in a remote, under-served location and specific disclosures and agreements are completed.

Can one brokerage represent both the buyer and seller?

Yes, through designated agency. Two different agents at the same brokerage can each represent one side.

Will I get a better deal by going straight to the listing agent?

Not necessarily. The listing agent represents the seller, can’t advise you on price or terms, and must share what you tell them with the seller.

Do I have to sign anything if I’m unrepresented?

The agent must give you a Disclosure of Risks to Unrepresented Parties form explaining what they can and can’t do for you.

More Vernon guides

Questions about buying or selling in Vernon?

I’m Sean Phillips, a REALTOR® with Coldwell Banker Executives Realty in Vernon, BC. I live in Okanagan Landing, and I help buyers and sellers across Vernon, Coldstream, SilverStar and the North Okanagan.

Text or call Sean: 778-363-0542
Call or text Sarah, my 24/7 info line: 604-227-4810

This article is general information as of fall 2026, not legal, tax or financial advice. Rules, fees and conditions change, so confirm details with the appropriate professional or authority before making a decision.

Featured photo by Jakub Żerdzicki on Unsplash.

Dual Agency in BC: Why One Agent Usually Can’t Represent Both Sides