You found a home you love and the listing agent picked up your call. It feels efficient, but is it the best move for your interests as a buyer in Chicago and Cook County? Dual agency can look convenient on the surface, yet it changes what your agent can do for you during negotiation.
In this guide, you will learn what dual agency means in Illinois, how it affects your leverage, and the questions to ask before you sign anything. You will also see alternatives that keep your advocacy intact. Let’s dive in.
Dual agency basics in Illinois
Dual agency is when the same brokerage, and sometimes the same individual licensee, represents both the seller and the buyer in one transaction. Illinois permits this only with informed, written consent from both parties. Without that written consent, a licensee cannot act as a dual agent.
In practice, dual agency means the licensee cannot fully advocate for just one side. Their role shifts toward facilitating agreement while balancing duties to both clients.
How other representation types compare
- Exclusive buyer’s agent: Represents only buyers and does not take listings. This avoids dual agency by policy.
- Designated agency: The brokerage assigns different licensees within the same office to represent each party separately, while the managing broker oversees compliance.
- Dual agency: One brokerage represents both sides, and sometimes one licensee serves both. Written consent is required.
- Transaction broker or limited representation: Some states use a neutral facilitator model, but Illinois practice centers on buyer or seller agency, with designated or dual agency as options.
What changes for you as a buyer
Advocacy and negotiation limits
When dual agency applies, the agent cannot push aggressively for only your goals. You may not receive the same level of advice on offer strategy, pricing, or concessions that you would get from an exclusive buyer’s agent. The agent’s focus shifts to moving both sides toward agreement.
Confidentiality rules
The broker must not disclose your confidential information, such as your maximum budget or motivation, if doing so would harm you. The same protection applies to the seller’s private information. This balancing act can limit what the agent says or suggests during negotiations.
Required property disclosures remain
Dual agency does not remove a broker’s duty to disclose known material facts about the property to buyers. Issues like known defects or title concerns must still be disclosed.
Common Chicago scenarios that create dual agency
- You contact the listing agent directly after an online listing or at an open house.
- A small brokerage has one licensee handling both the listing and buyer-side showings.
- Time pressure or office policy leads to an intra-office match between a listing and a buyer.
- Pocket listings or in-house deals where the listing agent also introduces the buyer.
In a competitive Chicago market, even small shifts in offer strategy can matter. It is important to understand who represents whom before you share details or negotiate terms.
Questions to ask before you sign
- Will you represent me as my exclusive buyer’s agent, or will your brokerage represent both sides?
- If your brokerage represents the seller too, will you use designated agency and assign different licensees to each side?
- Will you obtain my informed, written consent if dual agency is proposed? May I review the disclosure and consent form now?
- Under dual agency, what specific duties and advice will you provide to me, and what is limited?
- How will you protect my confidential information, such as my top price or motivation?
- Who will receive the commission, and could that compensation structure affect your recommendations to me?
- If I prefer full advocacy, what options do I have for exclusive buyer representation?
Buyer alternatives in Chicago
- Work with an exclusive buyer’s agent who does not take listings.
- Request designated agency within the same brokerage so separate licensees represent buyer and seller.
- Choose a buyer’s agent from a different brokerage to avoid intra-office conflicts.
- Engage a real estate attorney to advise on negotiation strategy and contract review.
Quick checklist for buyers
- Ask for agency disclosure and consent forms before sharing your budget or strategy.
- Clarify in writing who currently represents you and the seller.
- Avoid revealing your maximum price, bottom-line terms, or personal motivation until you understand representation status.
- If dual agency is proposed, request written clarification of what guidance the agent can and cannot provide.
- Keep records of communications, offers, and any signed forms.
Red flags to watch
- A listing agent asks you to sign a buyer agreement without clearly stating they already represent the seller.
- Pressure to waive agency or confidentiality protections before viewing or making an offer.
- Vague disclosures that do not explain how negotiation advice and confidentiality change under dual agency.
- Refusal to consider designated agency when you request it within the brokerage.
Local notes for Chicago and Cook County
Midwest Real Estate Data (MRED) is the primary MLS for Chicagoland, and its rules influence how cooperating compensation and agency status appear to brokers. Large firms often use designated agency to manage conflicts, but policies vary among smaller offices and sole practitioners. Open houses are a frequent path into dual agency, so confirm representation early.
Next steps
Ask to review your agency disclosure and any dual-agency consent form before you discuss terms or submit an offer. For legal interpretation, consult an attorney or the Illinois Department of Financial and Professional Regulation. If you want full advocacy, consider exclusive buyer representation or designated agency to keep your negotiating leverage clear.
Have questions about how representation choices affect your goals in Chicago and the western suburbs? Start a conversation with Kathy Szuba for straight talk on options, timelines, and next steps.
FAQs
Is dual agency legal in Illinois for homebuyers?
- Yes. Illinois permits a brokerage to represent both buyer and seller in the same transaction, but only with informed, written consent from both parties.
Will a dual agent tell the seller my budget?
- A dual agent must protect your confidential information and should not disclose your maximum price. However, because advocacy is limited, do not expect detailed strategy advice on how low to offer.
Can I refuse dual agency and still make an offer in Chicago?
- Yes. You can request designated agency, choose a different brokerage for buyer representation, or proceed with the listing agent presenting your offer while you retain your own advocate.
What should I sign before sharing my financial details?
- Request and review the agency disclosure and any dual-agency consent form first. Do not share confidential information until you understand who represents you and what duties apply.
Who pays the commission in a dual-agency deal in Cook County?
- Commission is typically negotiated between the seller and the listing broker. Ask how compensation will be handled and whether it creates any conflicts that affect your representation.
