You are scrolling through Zillow, and you find the house. It checks every box. You call the agent listed on the sign to schedule a showing.

Stop right there.

In North Carolina, that phone call is the moment you step into a complex web of agency law known as Dual Agency. If you don't understand who that agent represents before you walk through the front door, you could accidentally give away your negotiating power.

Here is the reality of Dual Agency in our state, how it differs from other markets, and how to ensure you still have an advocate in your corner.

1. The Baseline: Who Works for Who?

In a standard transaction, there are two teams:

The Listing Firm: Represents the Seller. Their job is to get the highest price and best terms for the seller.

The Buyer Firm: Represents You. Their job is to get the lowest price and best terms for you.

Dual Agency occurs when one firm represents both the buyer and the seller in the same transaction.

This happens frequently in smaller markets like Sneads Ferry or Southport, or with large firms that hold a lot of inventory. If you are working with an Aspyre Realty agent and you want to buy a home listed by another Aspyre Realty agent, you are in Dual Agency.

2. Standard Dual Agency: The "Neutral Referee"

If one agent represents both you and the seller (or if two agents in the same firm do, without "designation"), they enter a status called Standard Dual Agency.

In this role, the agent effectively becomes a neutral referee.

What they CAN do: Treat both parties fairly, disclose material facts (like a leaky roof), and handle the paperwork.

What they CANNOT do: They cannot advocate for you. They cannot tell you, "The seller is desperate and will take $10k less." They cannot tell the seller, "The buyer loves it and will pay full price."

The Risk: You lose your coach. You are essentially negotiating against yourself because the agent is legally barred from giving you strategic advice that would harm the other party.

3. The Better Option: Designated Dual Agency

North Carolina offers a solution that restores your advocacy: Designated Dual Agency.

In this scenario, the firm remains the "Dual Agent," but the Broker-in-Charge designates one specific agent to represent the Buyer and a different agent to represent the Seller.

The Benefit: Your designated agent CAN coach you. They can fight for your price, advise you on repairs, and keep your secrets confidential from the seller's agent (even though they work for the same company).

The Firewall: The law requires a "firewall" between these two agents. They cannot share files or discuss strategy at the water cooler.

The Exception: You cannot have Designated Agency if one agent is a "Provisional Broker" (a new agent) and the other is their "Broker-in-Charge," as the boss effectively knows too much about the trainee's files to be neutral.

4. The "Working With Real Estate Agents" Disclosure

By law, an agent must present you with the "Working With Real Estate Agents" disclosure at "first substantial contact." This is usually before you discuss your budget or motivation.

Why it matters: This form asks you to authorize (or reject) Dual Agency upfront.

My Advice: We generally recommend clients authorize "Dual Agency with Designated Agency." This keeps your options open to see the firm's listings but ensures you retain a dedicated advocate if you decide to write an offer.

5. When is Standard Dual Agency Okay?

Is standard Dual Agency ever a good idea? Sometimes.

The Scenario: If you are an experienced investor buying a property from a family member or neighbor, and you have already agreed on the price, you might just need an agent to handle the paperwork transactionally.

The Warning: If you are a first-time buyer or in a contentious negotiation, Standard Dual Agency leaves you vulnerable. Always ask if Designated Agency is available.

The Bottom Line

You deserve to know whose jersey your agent is wearing. If you are ever unsure, just ask: "If I tell you my maximum budget right now, are you allowed to keep that secret from the seller?" The answer will tell you everything you need to know.

At Aspyre Realty Group, we prioritize Designated Agency whenever possible. We believe you shouldn't have to sacrifice representation just because you fell in love with one of our listings.