Connecticut guide

Connecticut Dual Agency: Consent Requirements

In Connecticut, your agent can also represent the seller in the same deal, but only if you sign a separate written dual agency consent first.

Reading as buyer.

TL;DR

In Connecticut, your agent can also represent the seller in the same deal, but only if you sign a separate written dual agency consent first. Once you agree, your agent cannot share negotiation strategy or tell you the seller's lowest acceptable price. You can always say no and ask for designated agency or a different agent instead.

Before you start — 8 things to know

  • Dual agency is legal in Connecticut, but it can only happen if both you as the buyer and the seller sign a separate written consent before the agent represents both sides of the deal.

  • The initial written agency disclosure form your Connecticut agent gives you at first substantive contact must explain that dual agency is possible, but that disclosure form alone is not the actual consent to dual agency.

  • When you want to make an offer on a home your agent has listed for the seller, you must sign a separate, explicit written dual agency consent before the agent can keep representing you in that role.

  • A verbal okay is not enough under Connecticut law, because only a signed written consent counts as informed dual agency consent for a buyer.

  • Under Connecticut dual agency, your agent cannot tell you the seller's bottom line, share negotiation strategy, or advise you on exactly how much to offer for the home.

  • By signing a Connecticut dual agency consent, you give up some of the personalized price advice and one-sided advocacy you would normally get from a buyer's agent in an exclusive agency relationship.

  • You can refuse Connecticut dual agency and ask the brokerage to switch to designated agency, where a different agent inside the same office still fully advocates for you as the buyer.

  • If you believe your Connecticut agent acted as a dual agent without your signed written consent, you can file a complaint with the Connecticut Department of Consumer Protection Real Estate Commission.

The timeline — step by step

  1. At first substantive contact in Connecticut, your agent hands you a written agency disclosure form that explains dual agency as a future possibility if the same brokerage also represents a seller you want to buy from.

  2. You read the Connecticut agency disclosure form, ask questions, and sign it to acknowledge that you understand dual agency could come up later in the deal.

  3. When you decide to make an offer on a property your agent has listed for a seller client, the agent must pause and explain that writing this offer would trigger Connecticut dual agency.

  4. Before the agent shows the home in a dual agency role or writes the offer, you sign a separate Connecticut dual agency consent that spells out exactly what the agent can and cannot do for you as a buyer.

  5. Once you sign the Connecticut dual agency consent, your agent can pass offers and counteroffers and share factual information about the property, but cannot advise either side on price strategy or motivation.

  6. After closing, the Connecticut brokerage stores your signed dual agency consent in the transaction file for at least three years in case the Department of Consumer Protection later reviews the deal.

Common questions

Can I work with a dual agent in Connecticut without signing anything?
No, Connecticut requires a separate, signed written dual agency consent before the agent can represent both you and the seller in the same transaction.
What does dual agency mean for me as a buyer in Connecticut?
It means one agent represents both you and the seller, so that agent cannot give you negotiation advice, share the seller's lowest acceptable price, or take your side if the two of you disagree on terms.
Can I say no to dual agency after I see the Connecticut agency disclosure?
Yes, you can refuse dual agency and ask the brokerage for designated agency, where you and the seller get different in-house agents who each fully represent only one side.
What can my agent still do for me under Connecticut dual agency?
Your agent can deliver offers and counteroffers, share factual information about the property and the process, and handle paperwork, but cannot coach either party on price or negotiation strategy.
How long does the Connecticut brokerage keep my signed dual agency consent?
The brokerage should keep your signed dual agency consent in the transaction file for at least three years so it is available if the Department of Consumer Protection reviews the transaction.
What happens if my Connecticut agent skipped the written dual agency consent?
The broker can face discipline by the Connecticut Department of Consumer Protection, lose the right to collect a commission on the deal, and a court could even challenge or void the underlying transaction.

Sources

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