Why I Don’t Do Dual Agency – Why That Matters To You

Real estate is one of the most significant financial decisions you will ever make. Whether you’re selling a home you’ve poured your heart into or buying your piece of paradise here in Hawai’i, you deserve someone who is fully, 100% in your corner. That’s why I made a personal and professional commitment early in my career: I do not practice dual agency.

Let me break down what that means, why it matters, and why I believe it’s the right call for every client I serve.

What Is Dual Agency?

In real estate, a “dual agent” is when the same agent — or sometimes two agents from the same brokerage — represents both the buyer and the seller in the same transaction. Here in Hawai’i, dual agency is legal, but it requires written disclosure and consent from both parties before moving forward.

On the surface, it might seem convenient. One agent, one point of contact, a streamlined process. But when you look closer, a serious conflict of interest emerges — and your best interests can quietly get lost in the shuffle.

The Fiduciary Duties You’re Entitled To

Every Realtor in Hawai’i owes their clients six fiduciary duties — best remembered by the acronym OLD CAR. These are the professional obligations I carry from the moment we start working together.

In a dual agency arrangement, Loyalty and Disclosure are effectively neutralized. A seller’s goal is to get the highest possible price. A buyer’s goal is to pay the lowest. The moment one agent represents both, they are legally required to go neutral — they can no longer advocate for either side. Instead of a trusted advisor, you get an impartial facilitator.

What a Dual Agent Cannot Do for You

This is where it gets concrete. When an agent operates in a dual agency arrangement, here is what they are legally prohibited from doing on your behalf:

• Advise you on negotiating strategy or what to offer or accept
• Tell a buyer whether the seller would accept a lower price
• Tell a seller how high a buyer is willing to go
• Share either party’s motivation for buying or selling
• Advocate for your terms at the negotiating table
• Disclose information that could give you a competitive advantage

You’ve gone from having a trusted advisor to having a transaction coordinator. In a market as competitive and high-stakes as Hawai’i real estate, that’s a significant downgrade.

The Commission Conflict

Here’s something worth being transparent about: in a dual agency situation, the agent — or their brokerage — typically collects the full commission from both sides of the deal. That financial incentive can influence behavior, even subconsciously.

Research has backed this up. A study of nearly 11,000 residential real estate transactions found evidence of distorted outcomes in dual agency deals — including agents steering sellers toward lower offers and engaging in “strategic pricing” that favored a fast close over the client’s best return. When an agent stands to earn double by closing quickly, the temptation to push for speed rather than the best terms is real.

A Shifting Landscape After the NAR Settlement

The 2024 National Association of Realtors (NAR) settlement introduced sweeping changes to how buyer agent compensation is structured. Industry observers have noted that this may lead to an increase in dual agency situations — as some buyers opt not to retain separate representation to avoid out-of-pocket commission costs.

This makes it more important than ever to ask your agent upfront: Who exactly are you working for in this transaction?

First-time buyers are especially vulnerable here. Having your own dedicated agent — completely separate from the listing agent — is one of the most important protections available to you in today’s market.

What If a Buyer Doesn’t Want Representation?

This comes up, and it’s worth addressing directly. If an unrepresented buyer is interested in one of my listings and chooses not to work with their own agent, that transaction can still move forward — but that buyer is treated as a customer, not a client. There is a meaningful difference.

A client receives fiduciary duties — loyalty, advocacy, confidentiality, and guidance. A customer does not. As the listing agent, my fiduciary duty remains entirely with my seller. I will not advise an unrepresented buyer on pricing strategy, negotiation, or any aspect of their decision-making. I will not assist them with their paperwork beyond what is required to present and process the offer. The transaction can close — but they are navigating it on their own terms, as their own representative.

If you’re a buyer considering going unrepresented, I’d encourage you to think carefully about that decision. Having your own agent costs you nothing in most transactions — the seller typically covers buyer-side compensation — and it means you have someone in your corner who is legally obligated to look out for you. Going it alone in a real estate transaction is a bit like going to court without an attorney. You can do it, but you’re carrying the full weight yourself.

Why Sellers Should Actually Want the Buyer to Have an Agent

This might seem counterintuitive — but as a seller, an unrepresented buyer is often more risk than reward. Here’s why I encourage my sellers to welcome represented buyers, and why I’ll often encourage an unrepresented prospect to find their own agent before we go further:

• Fewer deals fall apart. A buyer’s agent keeps their client grounded, informed, and moving forward. Unrepresented buyers are more likely to get cold feet, misread the process, or walk away over something an experienced agent would have easily resolved.
• Cleaner offers from the start. A buyer’s agent knows how to structure a complete, properly prepared offer. Missing contingencies, incorrect terms, or incomplete documentation can delay or derail a closing before it even gets started.
• Problems get solved faster. Inspection issues, financing hiccups, title concerns — when a buyer has their own agent, there’s someone on their side working through obstacles. Without one, those issues can land entirely in your lap or threaten the transaction altogether.
• Managed expectations mean fewer surprises. A buyer’s agent prepares their client for what’s ahead — timelines, disclosures, inspections, closing costs. An unrepresented buyer who feels blindsided mid-transaction is a liability. A represented buyer knows what’s coming.
• Smoother closings, faster timelines. It might seem like fewer people involved would speed things up — but in practice, represented buyers close faster and cleaner. There’s a professional on both sides keeping the process on track.

My Commitment to You

When you work with me, you get my full and undivided loyalty. Full stop.

If I’m representing you as a seller, my job is to maximize your return, market your property effectively, and negotiate every term in your favor. If I’m representing you as a buyer, my job is to protect your interests, help you find the right home at the right price, and make sure you’re never navigating this process without the guidance you deserve.

I spent 20 years in the United States Coast Guard, where the mission was to protect people and operate with integrity under pressure. That mindset didn’t stay at the door when I stepped into real estate. You’re trusting me with one of the biggest financial decisions of your life — I take that seriously every single day.

Dual agency isn’t something I’m willing to offer — not because I can’t, but because I believe you deserve better than a neutral middleman. You deserve a true advocate.

Real estate agency relationships in Hawai’i are governed under Hawaii Administrative Rules §16-99-3.1 Disclosure of Agency. All transactions require written agency disclosure and, where applicable, written consent for dual agency.