The desire to maximize a property search by engaging multiple professionals is a common consideration for consumers navigating the real estate market. Whether an individual can or should work with two realtors simultaneously depends entirely on the formal agreements established at the outset of the working relationship. These documents dictate the scope of the agent’s representation and the client’s obligations regarding compensation. Understanding the precise terms of these contracts is the determining factor in deciding how many agents can be involved.
The Difference Between Exclusive and Non-Exclusive Agreements
The Exclusive Buyer Agency Agreement (EBAA) legally binds a buyer to a single real estate brokerage for a defined period, geographical area, and property type. This contract ensures the designated agent is entitled to a commission if the buyer purchases any property meeting the contract’s specifications, regardless of how the property was found. Signing an EBAA immediately prevents a buyer from working with a second agent, as this would breach the contract and likely expose the buyer to paying two commissions upon closing.
Non-exclusive agreements, often called open agreements, do not legally restrict the client, allowing them to engage with multiple professionals. Under this arrangement, the buyer is free to work with any number of agents and is only obligated to compensate the specific agent who successfully facilitates the purchase. While this provides flexibility, the ambiguity inherent in these contracts can complicate the transaction process considerably. The lack of clear boundaries often leads to disputes over who is owed the final compensation.
Why Working with Multiple Realtors is Usually Discouraged
Engaging several agents at once often results in a reduction in the quality of service and dedication received from any single professional. Agents typically prioritize their exclusive clients because those relationships guarantee compensation for the time and resources invested in the search. A non-exclusive relationship signals that the agent’s efforts might not be rewarded, leading them to dedicate fewer hours to that client compared to their committed clientele.
This approach also places a heavy burden of communication and coordination directly on the client, who must manage multiple schedules, feedback sessions, and streams of information. The client is responsible for ensuring all agents have the most current understanding of their preferences, which can easily lead to miscommunication or outdated search criteria being used. Since all agents access the same centralized listing services, they often duplicate efforts by showing the client the same properties.
This duplication wastes time and slows the overall momentum of the search process. When multiple professionals attempt to fulfill the same objective, the search criteria can become confused or diluted across the different relationships, resulting in a fragmented effort rather than a focused, unified approach.
Scenarios Where Working with Two Agents Might Be Necessary
Working with two different agents can become a necessary strategy when the geographical scope of the search crosses two distinct and distant jurisdictional boundaries. For example, a buyer searching simultaneously in the suburbs of two different states or counties separated by hundreds of miles requires separate local experts. The expertise needed to navigate the distinct local customs, regulations, and market conditions in those two areas justifies maintaining separate professional relationships.
Another scenario involves seeking highly specialized property types that require divergent professional skill sets. A buyer looking for a primary residence and a commercial investment property would benefit from using one agent specializing in residential transactions and another who is an expert in commercial real estate. This segmentation allows the client to leverage unique industry connections and knowledge bases that a single generalist agent would not possess. In rare cases, a client may use one agent for a general market search while engaging a second agent solely for accessing specific off-market listings the first agent cannot procure.
Avoiding Commission Disputes and Legal Issues
The greatest financial risk when using multiple realtors stems from the legal concept of “procuring cause,” which determines which agent is legally responsible for earning the commission. Procuring cause establishes the agent whose continuous, uninterrupted actions ultimately resulted in the successful sale. When two agents are involved, especially under non-exclusive terms, determining procuring cause becomes highly complex and often leads to formal commission disputes decided by an arbitration panel.
A client must take meticulous steps to avoid being caught in the middle of such a dispute or held liable for two commissions. The most important defense is maintaining an explicit and time-stamped record of which agent first introduced the property, including the initial showing or communication. Ambiguity in these records can lead to both agents claiming they were the effective cause of the sale, particularly if the second agent merely wrote the final offer for a property first seen with the initial agent.
If the client signed ambiguous agreements or failed to clearly communicate the role of each professional, a court or arbitration panel may rule that the client is responsible for paying both agents. Buyers must ensure that all communications regarding a specific property are channeled through only one designated agent from the point of first introduction to the final closing to maintain a clear chain of causation.
Best Practices for Managing Multiple Professional Relationships
If the decision is made to proceed with more than one agent, absolute transparency with all parties involved is the most effective risk mitigation strategy. Each agent must be made aware of the existence of the other professional and understand the precise terms of the arrangement. Attempting to conceal the use of a second agent is counterproductive and can be interpreted as bad faith, damaging the client’s credibility during any subsequent disagreement.
A clear and geographically defined scope of work should be established in writing to segment the responsibilities of each professional. For example, formally designating Agent A to handle the search in the North Side and Agent B to focus exclusively on the South Side creates firm boundaries that prevent overlap. Even under a general non-exclusive agreement, the client should solidify property-specific arrangements in writing, confirming which agent will handle the offer and closing for any given property to eliminate uncertainty regarding compensation.