Can One Realtor Represent Both the Buyer and the Seller in BC?
“• No. Since June 15, 2018, B.C.’s real estate rules prohibit a brokerage from acting as a “dual agent,” meaning representing both the buyer and the seller in the same deal.
• The only exception is for remote, under-served locations where it is impracticable for the parties to find different licensees. That does not describe the North Shore.
• If your agent lists a home you want to buy, you still have real choices: a different brokerage, a different licensee at the same brokerage, or going unrepresented with limited help.
• An unrepresented buyer gets honesty and disclosure from the listing agent, but not advice on price, negotiation, or protection of confidential information.
• Ask early, and get the answer in writing: who is working for whom, and how is each licensee paid?”
The Short Answer
It used to be fairly common for one agent to quietly represent both sides of a sale. That changed in 2018. Under the Real Estate Services Rules, a brokerage "must not engage in dual agency," according to the BC Financial Services Authority (BCFSA), the regulator that licenses real estate professionals in B.C.
The reasoning is simple. An agent who owes loyalty to two people with opposite goals can't give either of them their full attention. The buyer wants the lowest price and the best terms. The seller wants the opposite. BCFSA also points out that a dual agent has an obvious temptation to put their own interest in earning both sides of the commission ahead of either client.
In B.C., one licensee can work for the buyer or the seller in a transaction, but not both.
IS THERE ANY EXCEPTION?
Yes, but a narrow one. A brokerage may act as a dual agent only where the property is in a remote location that is under-served by licensees and it is impracticable for the parties to be served by different licensees. Even then, the managing broker must give both parties a signed statement explaining why the exception applies, and each party must sign a written agreement. In a market with as many licensees as the North Shore, you should never expect to see this exception used.
WHAT HAPPENS WHEN YOUR AGENT LISTS THE HOME YOU WANT
This is the situation that actually comes up. You're working with an agent, and the home you fall in love with turns out to be that same agent's own listing. Or you call the listing agent on a sign and want to buy the home without anyone else involved. The rules give you three paths.
Option 1: A Different Brokerage
You hire a licensee from a separate brokerage to represent you. This is the cleanest arrangement for most buyers because nobody on the other side shares your brokerage's records, systems, or management. Your agent negotiates for you, advises you on price and terms, and owes you full duties of loyalty and confidentiality.
Option 2: Same Brokerage, Different Licensees
A brokerage can still have two of its licensees on opposite sides of one deal, as long as no single individual represents both parties. BC's rules say that designating different licensees for each client does not, by itself, amount to dual agency. Each licensee owes full duties to their own client only.
That arrangement is legal, but it's worth asking how the brokerage keeps the two files separate and how it handles the commission, since the brokerage can end up earning both sides. A good brokerage will explain this plainly and won't be offended that you asked.
Option 3: Going Unrepresented
You can also choose to deal directly with the listing agent without your own representation. In that case you're a "non-client." Under BCFSA's guidance, the listing agent can explain contract terms, show you the home, and help prepare an offer, but cannot recommend a price or negotiate on your behalf, and cannot share the seller's confidential information. Before going ahead, they must also disclose the risks of being unrepresented and recommend you get independent professional advice.
| Option | Who works for you | Can they negotiate and advise on price for you? | Your confidential information |
|---|---|---|---|
| Different brokerage | A licensee at a separate brokerage from the listing agent | Yes | Protected. Nobody on the other side shares your brokerage. |
| Same brokerage, different licensees | One licensee for you, a different licensee for the seller | Yes, each licensee works for one side only | Protected by each licensee's duty to their own client, but ask how the brokerage keeps the two files separate. |
| Unrepresented (non-client) | Nobody. The listing agent works for the seller only. | No. The licensee cannot recommend a price or negotiate for you. | Not protected. Treat anything you say as visible to the seller's side. |
WHY COMMISSION DISCLOSURE MATTERS HERE
Since the 2018 rule changes, sellers must be told, when an offer is presented, the total remuneration they're paying to the listing brokerage, what goes to any cooperating brokerage, and what the listing brokerage keeps, expressed as a dollar amount when paid in money. If you're curious how that split works in practice, I've written a plain-English explainer on how a REALTOR® actually gets paid and who pays it (linked below).
The point for you as a buyer is that "who is paid what" is a fair question to ask on day one, particularly when the same brokerage is on both sides. You're not being difficult. The rules are designed to make the answer easy to give.
What This Means for You
If you're buying and spot your own agent's listing, don't assume the choice is "same agent or nothing." Ask your agent which of the three arrangements above is on the table, and ask for it in writing. For most buyers, having a different licensee, ideally at a different brokerage, is the simplest way to keep your negotiating position private. If you decide to go unrepresented to save time or because you trust the seller's agent, go in knowing exactly what you are and aren't getting.
If you're selling, the same rules protect you. Your listing agent works for you and cannot also quietly work for the buyer. If a buyer approaches your agent directly, expect your agent to explain what role they can and can't play. If you're also thinking of selling to someone you already know, the same questions about representation come up, and I cover that in my post on selling privately to a friend or family member.
Either way, if anything about who is working for whom feels unclear, pause and ask before you sign. A short conversation up front is far better than discovering mid-negotiation that nobody was in your corner.
Your Next Step
Thinking about buying or selling on the North Shore and want a straight answer on how representation would work? I'm happy to walk you through it. No pressure, just a clear read on where you stand.
Related Reading
Already Have a Buyer? Here's Why I'd Still Bring In Representation for a Private Sale
Can I Back Out of a Home Purchase After Removing Subjects in BC?
604.317.4464
Matt@RossettiRealty.ca
About Matt Council
Matt Council is a North Vancouver Realtor and West Van specialist with a background in finance, focused on a data-driven, pressure-free approach to buying and selling on the North Shore.