In Brazil, a home sale usually has a single agent handling both sides of the table. In the United States it's different: the standard is to have one agent representing the buyer and another representing the seller — each with a legal duty to protect only their own client's interest.

Agency Disclosure: the promise in writing

Before any negotiation, each agent signs a document with their client called an Agency Disclosure, a kind of fiduciary work commitment: the formal promise to represent that party's interests, and only that party's. An agent can even represent both buyer and seller in the same transaction — called dual agency — but only when they can keep both sides treated neutrally, honestly and transparently. Some states, like Florida and Colorado, prohibit this practice; California allows it, with strict rules.

What the agent can't disclose

A practical example mentioned in the episode: if the buyer tells their agent they would pay more for the house but doesn't want to offer that now, the agent cannot pass that information along to the seller. It's protection of strategic information — the same rule applies in reverse. Breaking that confidentiality can lead to a lawsuit against the agent, which is why many professionals prefer to represent only one side of the deal.

Why this matters for buyers

• If you go into a transaction using the seller's own agent, in practice that agent has the seller as their primary client — the buyer tends to end up less protected, even if it seems like a faster or cheaper path.
• Having your own agent doesn't cost the buyer more: historically, it's the seller who pays commission for both sides (see the recent change in commission law, covered in a separate story).
• It's common to assume that negotiating directly with the seller's agent leads to a discount — in practice, that rarely works, because the seller sees no benefit in it.

Sources and verification

• California Department of Real Estate — agency disclosure and dual agency rules.
• Agents' explanation of the process in the episode (Cadê Moradia, March 2026).
• Transcript of episode 4 of the Cadê Moradia podcast.

This topic comes from the full episode — watch it:

CADÊ BRAZIL