WA AGENCY LAW CHEAT SHEET

Three Agency Types (RCW 18.86)

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Key Difference: Washington permits dual agency with informed written consent from BOTH parties. (Unlike Texas intermediary framework)

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In-House Dual Agency

When same firm = 2+ brokers representing opposite parties → firm becomes dual agent

• Requires written consent from both parties BEFORE transaction proceeds

• Both seller & buyer must consent

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Agency Pamphlet Delivery ("Law of Real Estate Agency")

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First Substantive Contact = First interaction discussing:

• Specific properties

• Financial qualifications

• Matters suggesting agency relationship forming

Proof: Keep signed receipt in file

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Duties: Two-Tier Structure

Duties to ALL Parties (Non-Clients Included)

✓ Good faith & honesty ✓ Present all written offers/counteroffers promptly (cannot withhold) ✓ Disclose material defects actually known (not required to investigate) ✓ Account for all money/property properly

Duties to CLIENT ONLY (Fiduciary)

✓ Loyalty — client interest first ✓ Reasonable care & diligence ✓ Full material disclosure — anything affecting decision (urgency, dev. plans, etc.) ✓ Advice & counsel ✓ Referral to specialists — if broker lacks expertise ✓ CONFIDENTIALITY — survives end of agency relationship with NO TIME LIMIT

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High-Yield Rules

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Frequently Confused Pairs

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Agency	Represents	Fiduciary Duties To	Honesty To
Seller's Agent	Seller	Seller	Buyer (non-client)
Buyer's Agent	Buyer	Buyer	Seller (non-client)
Dual Agent	Both Buyer & Seller	Both	Both
When	Where	Who	Exception
First substantive contact	All parties	All brokers	Party has own attorney (RCW 18.86.030(2))
Rule	Application
Confidentiality survives	Cannot share former client's info (price willing to pay, desperation, etc.) to future clients/parties — ever
"Actually known" = no duty to investigate	Broker liable for defects they know about; not liable for unknown defects
Offer presentation is mandatory	Broker cannot reject low offers; must present all written offers promptly
Dual agency requires consent BEFORE	Cannot proceed with transaction if parties not yet informed & consenting
First substantive contact triggers pamphlet	Cannot delay delivery; must occur at first substantive contact
WA (RCW 18.86)	Texas (Intermediary)
Permits dual agency with written consent	Abolished dual agency; uses neutral intermediary
Dual agent may give advice	Intermediary must remain neutral (no advice on price/strategy)
No "intermediary" title in WA	Texas requires intermediary designation & different consent

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Quick Decision Tree: Do I Owe This Duty?

Honesty + good faith → Everyone

Present all offers → Everyone

Disclose known defects → Everyone

Loyalty + full disclosure + confidentiality → Client only

Confidentiality survives ending → Yes (no expiration)