Can One Agent Serve Two Masters? The Truth About Dual Agency in Ohio

By Adam Martin Team Lead, Loxley Martin | Top-Rated Dayton & Greene County Realtor

It’s a scenario that sounds like a "Win-Win" on paper. I list your home in Beavercreek. A buyer calls me directly from the yard sign. They want to write an offer, and they ask me to write it for them.

You think: "Great! Adam found the buyer! Maybe I can save on commission since there isn't another agent involved. And this will be so much smoother with just one person running the show."

This is called Dual Agency. And while it is legal in Ohio (with disclosure), it is one of the most misunderstood and risky situations for a seller to be in.

Before you agree to let one agent represent both sides of your biggest financial transaction, you need to understand what you are giving up.

The Shift: From "Coach" to "Referee"

When I represent you as your Listing Agent, I am your Advocate.

• My job is to get you the highest price.
  
  
• My job is to tell you if the buyer's offer is too low.
  
  
• My job is to find leverage to use against them during inspections.
  
  

But the moment I agree to represent the Buyer too, my role changes by law. In Ohio, a Dual Agent must remain Neutral.

• I can no longer fight for your highest price; I can only facilitate the transaction.
  
  
• I cannot tell you, "They can afford more, counter at $350k."
  
  
• I cannot tell them, "The seller is desperate, offer $330k."
  
  

I stop being your Coach and I become a Referee. I can explain the rules, but I can't help you win the game anymore.

The "Double Dip" Commission Myth

Sellers often accept Dual Agency because they hope to cut the commission in half. "If you get both sides, Adam, will you do it for 4% instead of 6%?"

While commissions are negotiable, you have to ask yourself: Is it worth saving 2% to lose your skilled negotiator? If I can't advise you to counter an inspection request that costs you $5,000, or I can't push the buyer to cover an appraisal gap, that commission savings can evaporate instantly in lost equity.

The "Loxley Martin" Approach: Designated Agency

So, what happens if a buyer calls me on your listing? Do we turn them away? Absolutely not. We want to sell your house!

But at Loxley Martin, we often use a strategy called "Split Agency" (or Designated Agency). Since I run a team, if an unrepresented buyer wants your house, I often refer them to another agent on my team.

• I stay 100% loyal to YOU (The Seller).
  
  
• My Teammate is 100% loyal to THE BUYER.
  
  

We keep our files separate. We negotiate against each other. This ensures you keep your Advocate. You get the sale and the protection.

When Does Dual Agency Make Sense?

Is it ever okay? Yes. If you and the buyer have already agreed on the price and terms (maybe you are selling to a neighbor or a tenant), and you just need someone to handle the paperwork neutrally, Dual Agency works. But in a competitive market with bidding wars and complex inspections? You want someone in your corner, not in the middle.

The Bottom Line

Don't trade your protection for convenience. If your agent asks you to sign a "Dual Agency" consent form, make sure you ask: "How will this change the advice you can give me?" If they can't answer that honestly, you have the wrong agent.

Confused by the "Agency" Paperwork?

Ohio real estate forms are full of legal jargon. I explain the Consumer Guide to Agency Relationships in plain English to every client before we sign a single paper, so you know exactly who is working for whom.

👉 Get represented properly. Send me a message or DM "AGENCY" to schedule a consultation.

Adam Martin Team Lead, Loxley Martin Your Dayton & Greene County Real Estate Expert