Representing Multiple Buyers Making Offers on the Same Home

QUESTION: Two of my buyer clients want to make offers on the same property. Can I represent them both, or do I need to refer one of them out?

ANSWER: You may represent multiple buyers on the same property, but only if you follow both the License Law and your duties under the Exclusive Buyer Agency Agreement (Standard Form 201).

Paragraph 1 of Form 201 makes clear that your firm may represent more than one prospective purchaser on the same property, so both your clients have given advance consent when they signed.

The License Law also requires:

• Disclose the conflict in writing as soon as it arises;
• Treat each buyer fairly by providing equal access to property information (e.g., if you prepare a CMA for one, provide it to all); and
• Do not cross the line into giving strategic advice. You cannot tell either buyer how much Due Diligence or Earnest Money to offer, whether to propose a particular closing date, or suggest other terms designed to make their offer more competitive than your other client’s.

Some firms adopt written policies to help manage these conflicts. For example, a firm might offer its buyers the option to continue with the same buyer agent, but in that case the agent would be restricted from giving any advice about terms designed to make one offer more competitive than the other, as discussed above. Alternatively, the firm may assign one of the buyers to another agent in the firm. In that scenario, each buyer would have a dedicated agent who fully represents their interests, and both agents would be required to keep all information confidential, much like when brokers are practicing designated dual agency. Buyers should also be told clearly that there are multiple clients from the firm interested in the same property, and that only one can ultimately be the successful party to secure a signed purchase agreement. Once the seller has accepted an offer, the original agent could then resume representation of their client who secured the property. This approach helps ensure fairness, transparency, and compliance while still allowing both clients to be served by the firm.

If a buyer is not comfortable with dual representation, the safest option is to assign them to another agent in your firm permanently or refer them to another company.

Release Date: 08/28/2025

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