Illinois guide

Dual Agency Disclosure Requirements Under Illinois RELA

In Illinois, one agent can legally represent both you (the buyer) and the seller on the same home, but only if you sign a written consent first.

Reading as buyer.

TL;DR

In Illinois, one agent can legally represent both you (the buyer) and the seller on the same home, but only if you sign a written consent first. That consent must spell out that the agent cannot push for your price against the seller's price and cannot share your confidential info with them. You can always say no and ask for your own agent who only works for you.

Before you start — 8 things to know

  • Illinois law allows a real estate licensee to represent both the buyer and the seller in the same deal, but only if both sides sign a written consent before the dual agency starts.

  • Under 225 ILCS 454/15-45, the consent form you sign must clearly state that the agent will not advocate for your price or terms against the seller's price or terms.

  • Anything confidential you tell a dual agent — like the most you would pay or how badly you want the house — cannot be passed to the seller, and the same rule protects the seller's secrets from you.

  • You should sign the dual agency disclosure before you tour a home the same agent has listed, because Illinois treats a showing without prior consent as a possible violation of 225 ILCS 454/15-45.

  • In many Illinois brokerages, the firm uses 'designated agency,' meaning one agent at the firm represents you and a different agent represents the seller — that setup is not full dual agency and gives you stronger advocacy.

  • True dual agency only happens when the exact same agent works both sides; if a different agent in the same office represents the seller, your agent still owes you full loyalty.

  • You can refuse dual agency at any point and ask to be referred to a different agent so you have someone who only works in your interest.

  • If a licensee in Illinois acts as a dual agent without getting your written consent first, the Illinois Department of Financial and Professional Regulation can discipline them under 225 ILCS 454/20-20.

The timeline — step by step

  1. You meet with an agent and learn the home you want to see is one the same agent has listed for the seller, which triggers the need for an Illinois dual agency disclosure under 225 ILCS 454/15-45.

  2. Before any showing, the agent gives you the IDFPR-style written dual agency consent that explains what the agent can and cannot do for you.

  3. You read the consent, ask questions about how the agent will handle price talks, and decide whether to sign — Illinois law requires the consent to be informed, not rushed.

  4. After you sign the consent, the agent can show you the listing and start writing an offer, but they still cannot share your top-dollar number with the seller.

  5. During negotiations, the dual agent passes offers and counteroffers between you and the seller without recommending one side over the other on price or terms.

  6. At closing, the signed dual agency consent stays in the transaction file as proof the Illinois disclosure rule under 225 ILCS 454/15-45 was followed.

Common questions

Is dual agency legal in Illinois?
Yes, Illinois allows dual agency under 225 ILCS 454/15-45, but only if both the buyer and the seller give written informed consent before the dual agency starts.
What does the Illinois dual agency consent form have to tell me?
The form must explain that the agent will represent both sides, will not advocate for either party's price against the other, will keep each party's confidential information private, and how the agent gets paid.
Can I say no to dual agency after the agent already showed me the house?
Yes, you can refuse dual agency, and if the agent showed you their own listing on the without getting your written consent first, that itself may be a violation of 225 ILCS 454/15-45.
Will a dual agent tell the seller how much I am willing to pay?
No, Illinois law forbids a dual agent from sharing your confidential information — including your top price — with the seller, and the same protection applies to the seller's secrets.
Is designated agency the same thing as dual agency in Illinois?
No, designated agency means two different agents at the same firm represent the buyer and the seller separately, while true dual agency means the exact same agent handles both sides and must get written consent under 225 ILCS 454/15-45.

Glossary

1 term
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.

Sources

  1. [1]
  2. [2]

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