Delaware guide
Dual Agency in Delaware: Written Consent, Timing, and Disclosure Obligations
Dual agency in Delaware means the same agent or brokerage represents you and the seller in the same deal, and it can only happen with your written consent given before it starts.
Reading as buyer.
TL;DR
Dual agency in Delaware means the same agent or brokerage represents you and the seller in the same deal, and it can only happen with your written consent given before it starts. A dual agent loses the ability to fully advocate for you, so they cannot tell you a listing is overpriced or hint at the seller's bottom line. If you do not want that trade-off, you can ask for designated agency, where a different agent in the brokerage represents only you.
Before you start — 8 things to know
Delaware requires your written consent before any agent can act as a dual agent for both you and the seller in the same deal.
The cleanest practice is signing dual-agency consent up front in your buyer representation agreement, not on the spot when you want to offer on your agent's own listing.
Once consent is signed, your agent still owes you honesty, accounting, and reasonable care, but they cannot push for you the way a single-side agent would.
A Delaware dual agent cannot tell you that a listing price looks too high or recommend contract terms that favor you over the seller.
A dual agent cannot reveal the seller's motivation, deadlines, or minimum acceptable price to you, and your own top price stays confidential from the seller side too.
Designated agency is an alternative most Delaware brokerages default to, where a different agent at the same brokerage represents only you and keeps full fiduciary duty.
The consent form must use the disclosure language approved by the Delaware Real Estate Commission to be valid.
Consent given after you have already relied on the agent's advice about that listing is not how Delaware law allows dual agency to work.
The timeline — step by step
When you first sign a buyer representation agreement in Delaware, read the dual-agency section and ask whether you are pre-authorizing consent if an in-house deal comes up.
If a home you want to offer on is listed by your own agent or their brokerage, your agent must pause and disclose the dual-agency situation in writing before you write the offer.
You sign the Delaware dual-agency consent form acknowledging the reduced advocacy before any real negotiation on the property begins.
Once consent is in place, your agent moves the offer forward without sharing your top price or negotiating strategy with the seller side.
If you would rather not give up advocacy, ask the brokerage for designated agency or have your agent refer you to a different brokerage for that specific listing.
Closing proceeds normally, with the dual agent handling paperwork and coordination but not giving strategic advice that would disadvantage the seller.
Common questions
Do I have to agree to dual agency in Delaware?
What does my agent lose the ability to do once they become a dual agent?
What is the difference between dual agency and designated agency in Delaware?
When should I sign the dual-agency consent form?
Can a dual agent still help me with paperwork and closing?
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