Key Takeaways
- Designated representation is the default when two clients of the same brokerage are on opposite sides of a deal.
- It gives each client a separate, dedicated representative with full duties and confidentiality maintained.
- Multiple representation uses one agent for both sides with reduced duties and requires informed written consent from both parties.
- You can always ask your brokerage which model applies before you're in a competing-interest situation.
The problem TRESA was solving
Before TRESA, when a buyer and seller in the same deal both worked with agents from the same brokerage, the brokerage often had to act as a neutral 'multiple representative' to both — meaning neither side got full advocacy, and the brokerage's duties to each were reduced by law.
How designated representation works
TRESA introduced designated representation as the new default: each client is assigned their own designated representative within the brokerage, and information is kept confidential between the two representatives, even though they work for the same brokerage. Both clients keep full agency duties — undivided loyalty, confidentiality, and full disclosure — from their own representative.
When multiple representation still applies
A brokerage can still offer multiple representation, where a single salesperson represents both the buyer and seller directly. This requires informed, written consent from both clients and comes with reduced duties — for example, the agent cannot advocate for a better price for one side over the other.
- Designated representation: two representatives, one per client, full duties preserved.
- Multiple representation: one representative, both clients, reduced duties, requires written consent.