Vermont guide

Vermont Dual Agency: Written Consent Requirements and Risk Management

In Vermont, dual agency is when the same agent or brokerage represents both you and the seller in the same deal, and it is only legal if you sign written consent before the agent starts helping you.

Reading as buyer.

TL;DR

In Vermont, dual agency is when the same agent or brokerage represents both you and the seller in the same deal, and it is only legal if you sign written consent before the agent starts helping you. Once you agree, the agent can no longer push hard for the lowest price or share what the seller's bottom line is. If you want someone fully on your side, ask about designated agency instead, where you get your own dedicated agent inside the brokerage.

Before you start — 8 things to know

  • Dual agency in Vermont means one agent or one brokerage is working for both you and the seller in the same deal, and it is only allowed with your written, informed consent under 26 VSA Chapter 41.

  • Your consent has to be informed, which means the agent must walk you through the Vermont Consumer Disclosure form and explain what dual agency changes before you sign anything.

  • If you only see the dual agency form for the first time at the closing table, that is not real informed consent in Vermont and you can refuse to sign it.

  • Once dual agency is in effect, a Vermont agent cannot tell you the seller's lowest acceptable price or coach you on how hard to push in negotiations.

  • Even as a dual agent, your Vermont agent still owes you honesty, reasonable care, an accurate accounting of any money, and disclosure of material facts they know about the property.

  • Designated agency is the common Vermont alternative, where the brokerage assigns you your own dedicated agent and assigns the seller a different one, so each of you keeps full single-agent representation.

  • Dual agency generates more buyer complaints than any other agency setup in Vermont, often because buyers later feel the agent leaned toward the seller during negotiations.

  • You can say no to dual agency at any time before signing, and the agent must either switch you to designated agency or help you find a different representative.

The timeline — step by step

  1. At your first substantive meeting with the Vermont agent, you receive the Vermont Consumer Disclosure form that explains buyer agency, seller agency, and dual agency before you share private details.

  2. If you decide to tour a home where the same agent or brokerage already represents the seller, the agent must pause and ask whether you will consent to dual agency before going further.

  3. Before any dual agency representation starts, you sign a written consent that lists the property, the parties, and the duties that will be limited under 26 VSA Chapter 41.

  4. During offer negotiations, the dual agent passes information back and forth without revealing either side's bargaining position, so you handle strategy decisions yourself.

  5. Through the inspection and contingency period, the dual agent must still disclose any material property defects they actually know about, even if the disclosure hurts the seller's deal.

  6. At closing, your signed dual agency consent stays in the brokerage's transaction file as proof that Vermont's written consent rule was met before representation began.

Common questions

Can a Vermont agent represent both me and the seller without telling me?
No, a Vermont agent cannot act as a dual agent without your written, informed consent first, and doing so violates 26 VSA Chapter 41 and the OPR rules that govern licensees.
What changes once I agree to dual agency in Vermont?
Once you consent, the agent stops fully advocating for just you and cannot share the seller's lowest acceptable price or coach you on negotiation strategy, although they still owe you honesty and disclosure of known material facts.
Am I required to sign a dual agency consent form to buy the house?
You are not required to consent, and if you refuse, the brokerage must either offer you designated agency with a separate dedicated agent or release you to work with a different brokerage.
Is signing the dual agency form at the closing table enough?
Signing the form for the first time at closing is not adequate informed consent under Vermont rules because the consent must happen before the agent starts representing the second party, not after the deal is essentially done.
What is the safer alternative to dual agency for a Vermont buyer?
Designated agency is the safer alternative in most Vermont brokerages because you and the seller each get your own dedicated licensee inside the firm, so you keep full single-agent representation throughout the deal.
What should I do if I think my Vermont dual agent favored the seller?
You can file a complaint with the Vermont Office of Professional Regulation Real Estate Commission, which enforces 26 VSA Chapter 41 and the OPR agency rules and can investigate the licensee's conduct.

Sources

  1. [1]
  2. [2]

Last updated