Thinking about touring a Fort Wayne listing you love and calling the number on the sign? Before you do, take a minute to understand dual agency and how it can affect your leverage as a buyer. You want clear guidance and fair treatment in one of the biggest purchases of your life. In this guide, you will learn what dual agency is in Indiana, how disclosures work in Allen County, when you might encounter it, and practical ways to protect your interests. Let’s dive in.
Dual agency in Indiana
Dual agency happens when the same brokerage represents both the buyer and the seller in one transaction. This can mean one agent works with both parties, or two agents from the same firm represent each side. The brokerage then owes duties to both clients and must avoid favoring one side. In practice, that limits how much any one licensee can negotiate for you against the other client.
In Indiana, dual agency is allowed but it must be disclosed and agreed to in writing by both parties. The brokerage must follow agency rules that include confidentiality, disclosure, and reasonable care. When both sides are clients of the same firm, advice that would clearly benefit one side at the expense of the other is restricted.
Disclosures and consent in Fort Wayne
You should expect agency disclosures at or before the start of substantive negotiations. Many local agents use standard forms from statewide and Fort Wayne MLS sources that explain agency types and request signatures. You may also see a buyer agency agreement, a listing agreement, and a separate dual agency disclosure or addendum.
Both buyer and seller typically sign any dual agency consent. Sometimes the consent language appears inside the purchase agreement, and other times it is a stand‑alone form. Ask to see and sign the disclosure before sharing confidential information like your maximum price or motivation.
Where you may encounter it
- You contact the listing agent directly from an online listing or open house and ask to write an offer.
- The listing and buyer’s agents both work at the same brokerage, so it becomes an in‑house deal.
- A small brokerage with limited staff represents both sides by necessity.
- You attend an open house, discuss terms with the host agent, and proceed without a separate buyer‑agency agreement.
- A for‑sale‑by‑owner hires a listing agent after you show interest, and everything funnels through that agent.
What it means for negotiation
A dual agent cannot push hard for your best possible price if it would disadvantage the seller client. Expect more neutral facilitation and fewer tailored negotiation tactics. The agent should not disclose confidential information such as your top price or the seller’s bottom line. You will likely receive objective facts and help managing timelines rather than strong advocacy on strategy.
Pros and cons for buyers
Potential pros
- One point of contact can streamline communication and scheduling.
- Faster flow of information in some in‑house scenarios.
- Less friction coordinating showings and logistics.
Potential cons
- Reduced advocacy, which can affect price and terms.
- Risk of accidental disclosure of your confidential details.
- Divided loyalty, which makes tactical advice harder.
- More need for you to seek independent guidance.
Your alternatives to dual agency
- Exclusive buyer’s agent from a different firm. You get full advocacy and negotiation support geared to your goals.
- Designated agency within the same brokerage. Different licensees are assigned to each party, with internal policies to separate client information. Some conflicts remain at the firm level.
- Transaction facilitator or limited representation, if permitted under Indiana rules. This offers neutral help without full fiduciary duties. Availability depends on local brokerage options.
- Real estate attorney support. You can hire an attorney for contract review, negotiation advice, or to work alongside your agent.
Protect your interests: buyer checklist
- Ask early and get it in writing. Clarify whether the agent will represent only you or both sides. Request the dual agency disclosure before sharing anything sensitive.
- Consider refusing dual agency. You can decline and ask for exclusive buyer representation or a designated agent if the firm offers it.
- Set confidentiality boundaries. If dual agency is unavoidable, ask the brokerage to spell out what will remain confidential and how communications will be handled.
- Use independent advisors. Bring in a buyer’s agent from another firm or consult a real estate attorney for offers and negotiations.
- Document everything. Save emails, texts, and signed forms that define the agency relationship and responsibilities.
- Read every form. Look for language that explains the limits on negotiation and advocacy in dual agency.
- Negotiate contract protections. Include inspection, financing, and title contingencies with clear timelines.
- Ask about designated agents. If the firm offers them, request the designation and confirm how they separate client information internally.
How we guide Fort Wayne buyers
You deserve clarity, advocacy, and a smooth path to closing. At Lion Heart Realty Group, you get patient education, transparent communication, and local market insight so you can choose the representation model that fits your goals. If you prefer exclusive buyer representation, we can serve as your advocate throughout the search, offer, and negotiation process. If you consider an in‑house opportunity, we will explain what that means for confidentiality, advice, and your options to stay protected.
We combine hospitality‑style care with disciplined execution, so you can move confidently from first showing to keys in hand. Ready to talk through your situation and next steps? Connect with Lion Heart Realty Group and Schedule Your Free Strategy Call.
FAQs
Is dual agency legal in Indiana for Fort Wayne buyers?
- Yes. Dual agency is allowed in Indiana when both parties receive proper disclosure and give written consent, and the brokerage follows state rules and professional standards.
What do I have to sign for dual agency in Allen County?
- You typically sign an agency disclosure plus a dual‑agency consent or addendum that explains limits on advocacy and confidentiality, often included with your buyer agreement or purchase offer.
Can the dual agent negotiate price on my behalf?
- Not vigorously. A dual agent must stay neutral, so you should not expect aggressive negotiation tactics that favor you at the seller’s expense.
Will dual agency increase what I pay in commission?
- Not necessarily. Commission is set by the listing agreement and brokerage policies. Dual agency affects the internal split, not usually your out‑of‑pocket costs as a buyer.
How can I avoid dual agency in Fort Wayne?
- Engage an exclusive buyer’s agent from a different brokerage before contacting listing agents or writing offers on properties where the listing agent represents the seller.
What if confidential information is shared by a dual agent?
- If a breach occurs, you may have remedies. Document the issue and consult an attorney or the state regulator about your options.
