Dual Agency in Mississippi | Mississippi REALTORS® Institute

Navigating Dual Agency with Confidence and Compliance

Dual agency can be one of the most complex relationships in real estate. When a licensee represents both the buyer and seller in the same transaction, it raises important legal, ethical, and communication challenges. In Mississippi, REALTORS® must navigate dual agency with precision, transparency, and a deep understanding of both state rules and NAR’s Code of Ethics.

At the Mississippi REALTORS® Institute (MRI), we are committed to helping real estate professionals uphold the highest standards while effectively managing dual agency situations. This guide provides key insights into what dual agency entails, the legal disclosures required, and how to explain the arrangement to clients with confidence.

What Is Dual Agency in Mississippi Real Estate?

Dual agency occurs when a single real estate licensee or brokerage represents both the buyer and the seller in the same real estate transaction. In this scenario, the agent owes fiduciary duties to both parties, which can lead to inherent conflicts of interest if not handled correctly.

Mississippi law permits dual agency only when both parties give their informed, written consent. This arrangement is known as disclosed dual agency and is regulated under MREC Rule 30-1601-4.2.

Legal Requirements: What REALTORS® Must Do

Confirm Consent with Signed Disclosure at Key Points

At the time of the representation agreement, both the buyer and seller must give written consent to dual agency by signing the Consent to Dual Agency section of MREC Form A, which is the Working with a Real Estate Broker form.
Before an offer is signed or presented, the broker must confirm that both the buyer and seller understand and agree to the dual agency relationship.
- The Broker must confirm that the buyer(s) understands and consents to the consensual dual agency relationship prior to the signing of an offer to purchase.
- The Broker must confirm that the seller(s) also understands and consents to the consensual dual agency relationship prior to presenting the offer to purchase.
Each party must sign the MREC Dual Agency Confirmation Form, which must be attached to the buyer’s offer to purchase. This form remains part of the transaction file regardless of the outcome.

Communicating Dual Agency Clearly to Clients

Effective communication is key to maintaining client trust during a dual agency relationship. REALTORS® should use plain, NAR-compliant language and offer clear explanations of fiduciary responsibilities.

Let clients know:

You will treat both parties honestly and fairly.
You cannot advocate exclusively for one party.
Confidential information (such as motivations or price limits) must be kept private unless the client gives written consent.

A Disclosed Dual Agent has all the fiduciary duties to the Seller and Buyer that a Seller’s agent or a Buyer’s agent has except the duties of full disclosure and undivided loyalty.

Ethical Considerations Under the NAR Code of Ethics

The National Association of REALTORS® (NAR) permits disclosed dual agency under its Code of Ethics, provided it is legal under state law and both parties give informed consent. According to Standard of Practice 1-5, REALTORS® may represent both parties in the same transaction only after full disclosure to and with informed consent of both parties.

Article 1 of the Code emphasizes protecting and promoting the interests of clients while treating all parties honestly. REALTORS® must act in their clients’ best interests while maintaining fair and ethical dealings throughout the transaction.

Best Practices and Risk Mitigation

Dual agency should never be entered lightly. To minimize risks:

Always document disclosures and client communications in writing.
Stay neutral in negotiations and avoid giving strategic advice.
Review MREC and brokerage policies regularly.
Take continuing education courses focused on agency relationships.
Stay up to date with changes such as the Buyer’s Agency Agreement.

Use Consumer Guides to Enhance Understanding

MRI encourages REALTORS® to share trusted, consumer-facing resources during listing and buyer consultations. The National Association of REALTORS® (NAR) offers a variety of consumer guides that explain real estate concepts in accessible language and promote transparency. These materials are especially helpful when navigating complex agency relationships like dual agency.

Examples of topics covered by NAR consumer guides include:

Agency and non-agency relationships
Written buyer agreements
Buying and selling a home
Fair housing rights

These guides can be downloaded, emailed, printed for client meetings, or included in listing/buyer packets. Using them supports clear communication, helps set accurate expectations, and strengthens the REALTOR®-client relationship.

Navigate Dual Agency with Confidence

Dual agency is legal in Mississippi, but it requires careful handling, full transparency, and written consent from all parties. By understanding state regulations, following ethical guidelines, and leveraging consumer education tools, Mississippi REALTORS® can manage dual agency with confidence.

At the Mississippi REALTORS® Institute, we are here to support you with ongoing education, compliance tools, and client communication resources.

For questions about dual agency, required forms, or upcoming CE courses, contact us or call us directly at 601-932-5241 . Together, we can help you meet your agency obligations with clarity and professionalism.