Resolution No. 368

Establishing A Policy Prohibiting Dual Agency In Real Estate Transactions In Which The County Is A Purchaser, Seller, Lessor Or Lessee

Resolution Information




WHEREAS, New York State law defines dual agency as “an agent who is acting as buyer’s agent and a seller’s agent or a tenant’s agent and a landlord’s agent in the same transaction”, (NY Consolidated Laws Chapter 50, Article 12-A, Section 443); and


WHEREAS, a growing number of large real estate brokerages in Ulster County has resulted in instances of dual agency in real estate transactions; and


WHEREAS, dual agency has been banned in many States within the United States; and


WHEREAS, New York state law requires real estate licensees obtain written consent from the potential buyers, sellers, tenants, landlords, if such agent represents both parties in the transaction, (NY Consolidated Laws Chapter 50, Article 12-A, Section 443); and


WHEREAS, in February, 2020, New York State Department of State issued a memorandum cautioning against dual agency in real estate transactions, finding that an agent’s fiduciary duties to a given party in a real estate transaction need never be compromised (See NYS Department of State Memorandum LI12, February, 2020); and


WHEREAS, pursuant to Charter Section C-11, the Ulster County Legislature is the policy determining body and as such, shall exercise all powers and duties inferred upon it by law; and


WHEREAS, the Ulster County Legislature hereby finds that dual agency it is not in the best interests of the people of the County to consent to dual agency in transaction involving the County as it gives rise to inherent conflicts in interest, divided loyalty and a potential breach of fiduciary duty; now, therefore be it


RESOLVED, effective immediately, Ulster County shall not consent to dual agency in any real estate transaction in which the County is either the buyer, seller, lessor or lessee,                                                                                       


and move its adoption.





AYES:                      NOES:    



Passed Committee: Ways and Means on ­­­­­­­­­­­_______________.


Current Text: PDF



Updated: July 9, 2023