Indiana guide

Limited Agency (Dual Agency) in Indiana: Rules and Risks

When you tour an Indiana home, the listing agent may offer to represent both you and the seller in a 'limited agency' arrangement.

Reading as buyer.

TL;DR

When you tour an Indiana home, the listing agent may offer to represent both you and the seller in a 'limited agency' arrangement. Under IC 25-34.1-10-7, this is only legal if you sign a written consent before the conflict starts, and the agent must then keep both sides' price limits secret. You give up your right to one-sided advocacy in exchange for keeping the agent who first showed you the house.

Before you start — 8 things to know

Indiana law uses the phrase 'limited agency' for what most other states call dual agency, where one broker represents both the buyer and the seller in the same deal.
As a buyer, you must sign a written limited agency consent before the conflict arises, not after you have already shown your hand on price or urgency.
Under Indiana's limited agency rules, a broker working both sides is barred from telling you the lowest price the seller will accept on the home.
Your limited agent in Indiana cannot share the seller's motivation, financial pressure, or move-out timing with you, even if knowing it would help you negotiate.
Saying no to limited agency in Indiana is always an option for a buyer; you can hire your own buyer's agent and have the listing broker stay only on the seller side.
Designated agency is a safer variation where a different broker inside the same Indiana firm is assigned to the buyer, so you still get a full advocate working only for you.
If you ever feel you overpaid because the limited agent quietly favored the seller, the signed consent and agency disclosure forms in the broker's file are the first evidence regulators will review.
The Indiana Professional Licensing Agency has disciplined brokers under IC 25-34.1-10-10 for starting as a disclosed limited agent and then sliding into undisclosed advocacy for one side.

The timeline — step by step

You tour an Indiana home and learn the agent showing it actually works for the seller as the listing broker.
Before any price or strategy talk, that broker hands you Indiana's agency disclosure plus a limited agency consent form to review.
You decide whether to sign the limited agency consent, or to walk away and hire your own buyer's agent for the home.
If you sign, the broker stops sharing price ceilings, motivation, or negotiating leverage from either side of the deal.
You negotiate the offer knowing the agent is neutral, so you bring your own comparable sales and your own price ceiling to the table.
At closing, your signed limited agency consent and the agency disclosure form are filed in the broker's transaction record for the home.

Common questions

What does 'limited agency' mean for a home buyer in Indiana?

Limited agency is Indiana's name for dual agency, where one broker represents both the buyer and the seller in the same transaction under IC 25-34.1-10-7.

Can I refuse limited agency and still buy the house?

Yes, Indiana requires written and voluntary consent, so you can refuse limited agency and bring your own buyer's agent while the listing broker continues to represent only the seller.

Will a limited agent tell me the lowest price the seller will accept?

No, an Indiana limited agent is forbidden from disclosing the seller's lowest acceptable price, financial position, or negotiating motivation to the buyer.

Is designated agency the same as limited agency?

No, designated agency assigns a different broker inside the same Indiana firm to each side, so the buyer keeps a full advocate even though both brokers share an employer.

What can I do if I think the agent secretly favored the seller?

An Indiana buyer can file a complaint with the Indiana Professional Licensing Agency, which has disciplined brokers under IC 25-34.1-10-10 for undisclosed advocacy during a limited agency deal.

Sources

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