Does Arizona allow dual agency? Yes. Arizona lets one broker, or two licensees in the same brokerage, represent both the buyer and the seller when every party gives prior written consent. Arizona REALTORS® materials call this dual agency or limited representation.
Is Arizona a dual agency state? In practical terms, yes—with a consent requirement. Acting for more than one party without knowledge or written consent can trigger discipline under Arizona law. With consent, it is lawful, but the agent's advocacy is limited.
Data note: Citations below come from A.R.S. § 32-2153, Arizona Administrative Code R4-28-1101 in the 2025 Arizona Real Estate Law Book (ADRE), the Arizona REALTORS® agency article by K. Michelle Lind, Esq., and the Arizona REALTORS® Consent to Limited Representation sample form (November 2024). This is general information, not legal advice.
Dual Agency in Arizona at a Glance
- Allowed with prior written consent of all parties
- Arizona REALTORS® label: dual agency / limited representation
- Can be one licensee or two licensees in the same firm
- READE form (Real Estate Agency Disclosure and Election) helps define who represents whom
- Consent to Limited Representation form documents the dual role
- Dual agents must still deal honestly and disclose certain material facts
- Dual agents generally do not advocate for one side against the other
- Compensation is not set by law and is fully negotiable
What the Law Actually Says
Arizona does not ban representing both sides. It bans doing it in the dark.
Statute: consent or face discipline
Under A.R.S. § 32-2153(A)(2), the Real Estate Commissioner may discipline a licensee who “acted for more than one party in a transaction without the knowledge or written consent of all parties to the transaction.” Read the other way: representing more than one party is contemplated when parties have knowledge or give written consent.
Commissioner’s rule: written consent first
A.A.C. R4-28-1101(F) (Duties to Client) is direct: a salesperson or broker “shall not accept compensation from or represent more than one party to a transaction without the prior written consent of all parties.”
The same rule, R4-28-1101(A)–(B), says a licensee owes a fiduciary duty to the client, must deal fairly with other parties, and must disclose in writing information that materially or adversely affects the consideration to be paid—including inability to perform, material defects, and liens or encumbrances.
Those duties still apply when the firm is in a limited-representation role.
How Arizona REALTORS® Frame It
Arizona REALTORS® counsel describes dual agency (limited representation) as happening when:
- One broker individually represents both buyer and seller, or
- Two salespeople in the same brokerage firm represent the two sides
That article states dual agency is lawful with prior written consent, and points parties to the Consent to Limited Representation form.
Per that guidance, a dual agent should exercise reasonable skill and care, deal honestly, and disclose inability to perform, material defects, and possible liens (aligned with R4-28-1101(B)). A dual agent generally must not advocate for one side against the other or disclose confidential leverage—buyer will pay more, seller will take less, alternate financing, repair concessions, or motivating factors—without informed consent.
The Forms You’ll See
READE: Real Estate Agency Disclosure and Election
The READE form is a disclosure and election of agency—not an employment agreement. Arizona REALTORS® note that using it helps prevent undisclosed dual agency. It explains exclusive representation duties and introduces limited representation when both sides are in the same firm.
Consent to Limited Representation (November 2024 sample)
The sample Consent form states that Broker, through the named licensee(s), will represent both parties, and that neither Broker nor the licensee(s) can represent one party’s interests to the exclusion or detriment of the other.
The form warns of conflicts in loyalty, obedience, disclosure and confidentiality; blocks sharing the other party’s price flexibility without written authorization; still requires disclosure of facts that materially and adversely affect consideration; and states “Compensation to the Broker is not set by law, is fully negotiable…” If no contract is signed or the deal fails to close, the Consent terminates.
What This Means If You’re Buying or Selling
Buyers and sellers both trade full advocacy for convenience when the same firm is on both sides. Ask who represents you before you share your top number or bottom line. Either side can say no—consent is yours to give or withhold. Request the Consent form early and read it calmly.
Related reading: Can I back out of buying a house in Arizona? · who pays title insurance in Arizona · Contingent vs pending in Arizona
“I treat agency as a first conversation, not a paperwork afterthought. If my brokerage would be on both sides, I explain limited representation in plain English before anyone signs a Consent form—what I can still do, what I cannot do, and that saying no is always an option. Clear consent protects everyone.”
— Elizabeth Vijan, Tackett Team, eXp Realty
Frequently Asked Questions
Is Arizona a dual agency state?
Yes. Arizona allows dual agency / limited representation with prior written consent of all parties.
What is limited representation in Arizona real estate?
It is dual agency under Arizona REALTORS® forms: the same brokerage represents buyer and seller, with limited advocacy and confidentiality rules spelled out in the Consent form.
Do I have to agree to dual agency in Arizona?
No. Without your written consent, a licensee should not represent both sides. You can choose exclusive representation instead.
What must a dual agent still disclose in Arizona?
Material facts that affect consideration—such as defects, liens, and a party’s possible inability to perform—under R4-28-1101, plus honest dealing. Confidential price flexibility still needs written authorization to share.
Buying or Selling? Let’s Clarify Who Represents Whom
Before you share your number or tour a listing with the same firm on both sides, I’ll walk you through agency options in plain language so your consent is informed—not rushed.
Elizabeth Vijan | Tackett Team, eXp Realty
Scottsdale & Phoenix Real Estate Specialist
Talk With Elizabeth · Call or text 602-885-7752
Sources: A.R.S. § 32-2153 · 2025 Arizona Real Estate Law Book (ADRE), R4-28-1101 · Arizona REALTORS®: Agency—the first question a lawyer will ask · Arizona REALTORS®: Consent to Limited Representation (Nov. 2024 sample PDF)
Disclaimer: General information, not legal advice. Agency and contract terms vary; consult an Arizona real estate attorney about your situation. Information deemed reliable but not guaranteed. Equal Housing Opportunity.
