Is there a conflict of interest here?

[Mitch Kronowit]

This isn't quite a hypothetical question, but I'll keep it general in nature.

I've noticed a few husband/wife teams (or couples in alternative relationships) where both are real estate professionals. If one were the listing agent of a certain property and the other were acting as the buyers agent for the same, could this be construed as a conflict of interest as both of them share a household together? Would you trust the buyers agent with confidential buyer information you wouldn't want shared with their partner?

Thanks for the advice, BP team!

[J Scott]

Many brokers (and probably many states) would consider this a dual agency situation, where essentially one party is representing both sides of the transaction.

In some states this is legal and in other illegal.

Where I live, it's legal as long as all parties (buyer, seller and broker) agree in writing that they are willing to accept a dual agency relationship.

So, short answer is that -- assuming it is even legal in your state -- it probably requires full disclosure in writing by all parties. If those conditions are satisfied (all parties agree in writing), I see no conflict of interest.

Of course, if it's not disclosed, it certainly appears to be a conflict...