When Your Agency Represents Both Sides: A Conflict-of-Interest Disclosure Page

11 October 2026·6 min read

Quick answer: If your agency can end up representing both the buyer and the seller in the same transaction — whether through an in-house buyer's agent arm or a conjunction arrangement — the honest move is a plain-English disclosure page that explains when this can happen, what you do to manage it, and that it's always confirmed in writing before it affects anyone's deal. Below is the copy-paste structure for that page, with the caveat that your exact obligations depend on your state and your own legal advice. 🤍

Dual representation sounds like a dirty secret when agencies don't talk about it, and sounds like basic professionalism when they do. The agencies that get burned are the ones that only mention it after a buyer or vendor finds out some other way. The ones that get trusted are the ones who put it in writing before anyone asks. 💖

What most agencies get wrong

Treating it as a problem to hide rather than disclose — clients forgive a disclosed conflict far more readily than a discovered one.
Burying the disclosure in fine print — a clause in a 40-page agency agreement isn't the same as a clear conversation.
Explaining it only when it's already happening — by then, the client feels like they're finding out, not being told.
Assuming "we'll manage it internally" is enough information — clients want to know what managing it actually looks like in practice.
Using the same generic wording regardless of state rules — disclosure obligations aren't uniform across Australia, and treating them as if they are risks getting it wrong.

The copy-paste disclosure page structure

Adapt this to your agency's actual structure and your own legal advice — don't publish it as-is without checking it against your state's requirements:

How we handle dual representation. [Agency name] sometimes acts for both a buyer and a seller in the same transaction — for example, through our in-house buyer's agent service, or when we're working in conjunction with another agent on either side. When this happens: we tell both parties in writing before it affects the transaction. We [explain your specific safeguard — e.g. "use separate agents for the buyer and seller sides, each representing their own client's interests"]. We don't [the specific thing you commit not to do — e.g. "share one party's maximum price or minimum acceptable offer with the other party"]. If you have any questions about how this applies to your specific transaction, ask us directly, or seek your own independent advice before signing anything.

The pattern is simple: name it, explain when it applies, say exactly what you do to manage it, and invite questions rather than hoping no one asks.

Worked examples

A 6-agent suburban agency with an in-house buyer's agent arm: The agency adds a short, specific line to its buyer's agent onboarding pack confirming that if their buyer's agent's client ends up interested in one of the agency's own listings, both parties are told in writing and a separate agent handles each side from that point.

A sole-agent boutique office that regularly conjuncts with other local agencies: Because there's no separate buyer's agent division, the principal's disclosure page focuses on conjunction arrangements specifically — explaining that commission-sharing with another agency never changes which party either agent represents.

An agency with a growing rent roll where the sales and property management teams sometimes cross over: The agency clarifies, separately from the sales disclosure, that a tenant in one of its managed properties is never disadvantaged if the owner decides to sell and a buyer comes through the agency's own database.

How to actually implement this, not just publish it

A disclosure page is only as good as what happens behind it. Decide, in writing, internally, exactly what "managing the conflict" means at your agency before you publish anything client-facing — which could mean separate agents per side, a documented information wall, or a policy of declining to represent both sides on the same transaction entirely. Train your team on the actual process, not just the existence of the page, so a junior agent under pressure from a keen buyer doesn't accidentally blur a line the agency has publicly committed to not crossing. And get your specific wording checked by your own legal or compliance adviser against your state's real estate agent conduct rules before you publish — this is one area where "close enough" general content isn't a safe substitute for your own advice.

Please note: general information, not legal advice — real estate agent conduct and disclosure obligations are set by state and territory legislation and regulators, and they vary. Confirm your specific obligations with your agency's own compliance or legal adviser before publishing or relying on any disclosure wording.

💡 Heads up: Link your disclosure page from your listing enquiry forms and your buyer's agent sign-up, not just your footer — a page that's technically published but practically unfindable doesn't do much for trust, even if it ticks a compliance box.

Mistakes to avoid

Copying another agency's disclosure wording verbatim — their structure, their state rules, and their internal process may not match yours.
Making vague promises you can't actually back up operationally — "we always act in everyone's best interest" means nothing without a concrete process behind it.
Treating the page as a one-off task — review it whenever your agency structure, services or state rules change.
Skipping legal review to save time — this is one of the few pages on your site where that shortcut carries real risk.

Frequently asked questions

Is dual representation illegal?

Not inherently — many agencies legitimately end up representing both sides of a transaction through buyer's agent services or conjunction arrangements. What matters is disclosure and how the conflict is managed, and the specific rules around that differ by state, so this isn't something to assume one way or the other without checking your own jurisdiction.

Does a disclosure page replace getting individual written consent?

Generally no — a public page sets expectations and shows good faith, but most situations still require specific, transaction-level disclosure and consent from the actual parties involved, not just a general statement on your website. Treat the page as a complement to your transaction-level process, not a substitute for it.

What if a client reacts badly to finding out dual representation is possible?

That reaction is far more common when they find out after the fact than when it's disclosed upfront — but it's honest to say that some clients will still be uncomfortable with the arrangement even when it's disclosed clearly and managed properly, and that's a reasonable position for them to hold. Offering to use a different agent for their side of the transaction, where practical, is often the simplest way to respect that.

Do sole agents with no buyer's agent arm need this page at all?

If conjunction arrangements with other agencies are part of how you work, yes — the conflict can still arise even without an in-house buyer's agent division. If genuinely neither situation applies to your agency, a shorter statement confirming that may be more accurate than a lengthy page about a scenario you don't encounter.

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Written by

Kate, founder of Chronically Online

I help Gold Coast and Brisbane businesses grow with branding, websites and marketing that actually works.

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