Why Dual Agency Is Still Used — and Why Sophisticated Occupiers Choose Conflict-Free Representation Instead

Dual agency remains a legally permitted structure in commercial real estate, where a brokerage represents both landlords and tenants in the same transaction. While this model continues to exist, business leaders are increasingly prioritizing representation structures that provide clarity, loyalty, and exclusive advocacy.

This article provides a general overview of representation models and explains why many companies choose conflict-free tenant representation for strategic decisions.

Why Dual Agency Exists

Dual agency developed as a convenience-based model, enabling brokers to centralize market information and property listings. Large full-service firms often maintain extensive landlord portfolios, which can influence the representation structure they offer to occupiers.

However, even routine lease transactions can influence future business priorities, including lease renewals, expansion flexibility, build-out needs, and long-term real estate costs.

For this reason, many organizations now prefer representation models that avoid divided interests.

Neutrality vs. Exclusive Advocacy

In a dual-agency arrangement, the brokerage must remain neutral.

Neutrality can limit the tenant’s ability to secure confidential strategy, competitive leverage, and long-term flexibility.

Conflict-free tenant representation, by contrast, enables:

• Exclusive loyalty to the occupier
• Objective market analysis
• Competitive negotiation strategy
• Confidential evaluation of landlord proposals
• Alignment with long-term business objectives

Organizations seeking clarity and confidence often find this structure better supports decision-making.

Why Many Occupiers Choose Conflict-Free Representation

Companies focused on transparency and long-term control frequently choose tenant-only representation for the following reasons:

• Unbiased property analysis
• Ability to create competitive tension among landlords
• Confidential negotiation strategy
• Clear alignment with corporate objectives
• Defensible decision-making at leadership level

These priorities are especially meaningful in leases involving significant capital, specialized space, or multi-market planning.

Keyser’s Approach

At Keyser, we represent only tenants and owner-occupiers.

We do not represent landlords in any lease or sale transaction.

This model is designed to ensure exclusive advocacy and alignment with occupier priorities.

Our team supports clients across office, industrial, manufacturing, medical, education, and retail environments through:

• Market benchmarking
• Strategic negotiation support
• Full-market evaluation
• Global partner network
• AI-assisted research and intelligence tools

Closing Thought

Dual agency is legally permitted in Arizona and other U.S. markets.

However, many organizations choose representation models that provide confidentiality, leverage, and exclusive advocacy.

When the outcome matters, clarity of representation can support clarity of results.

If you are evaluating upcoming space needs, renewals, or market strategy and would like an independent review, our team is available to assist.

Contact Us:

Address: 6400 E. McDowell Rd, Ste. 100, Scottsdale, AZ 85257

Phone: (602) 9. KEYSER

Email: info@keyser.com

Free Lease Review:

Get clarity and confidence before your next negotiation. Request your complimentary lease review here → www.keyser.com/lease-review

Frequently Asked Questions:

Q: Why Does Dual Agency Still Exist in Commercial Real Estate?

A: Dual agency remains common because it offers efficiency for full-service brokerage firms that represent both landlords and tenants. These firms often manage large landlord portfolios, which gives them access to listings and market data. However, convenience doesn’t equal alignment — tenants working under dual agency may face reduced confidentiality, limited negotiation leverage, and divided loyalty.

Q: Why Do Sophisticated Companies Prefer Conflict-Free Tenant Representation?

A: Forward-thinking organizations choose conflict-free tenant representation because it ensures exclusive advocacy and unbiased advice. A tenant-only firm never represents landlords, meaning every recommendation and negotiation strategy is designed to protect the occupier’s interests. This structure provides clearer insight, stronger leverage, and more defensible decisions — especially in complex or high-value real estate transactions. 

Q: How Does Conflict-Free Representation Improve Real Estate Outcomes for Tenants?

A: Conflict-free representation allows brokers to focus exclusively on the tenant’s objectives without balancing landlord relationships or internal listings. This structure enables more competitive negotiations, full-market access, and complete confidentiality of tenant strategy. The result is stronger economics, better flexibility, and decisions fully aligned with long-term business goals.