Dual Agency

# Washington Limited Dual Agency > SB 5191 (effective July 28, 2024): Washington law now uses "limited dual agency" throughout RCW 18.86. The term "dual agency" is outdated for Washington real estate practice. The agency pamphlet is now called "Real Estate Brokerage in Washington" (formerly "Law of Real Estate Agency"). Written buyer brokerage service agreements are required before showing residential property (60-day minimum term). ## Definition Limited dual agency occurs when one broker — or one real estate firm — represents both the buyer and the seller in the same transaction. This creates an inherent conflict of interest because a broker cannot give undivided loyalty to two parties with opposing interests (one wants to pay as little as possible; the other wants to receive as much as possible). Washington permits limited dual agency but strictly regulates it under RCW 18.86. ## Requirements for Limited Dual Agency — RCW 18.86.060 Under RCW 18.86.060, a broker may serve as a limited dual agent only *"with the written consent of both parties to the transaction, set forth in the services agreement."* 1. Informed written consent from BOTH the buyer and the seller — set forth in the services agreement before the limited dual agency relationship is established 2. Consent must be obtained before an offer is written — once an offer is submitted, confidential negotiation information has been exchanged and retroactive consent is inadequate 3. Both parties must genuinely understand what limited dual agency means and how it reduces the protections they each receive ## What the Limited Dual Agent CANNOT Do — RCW 18.86.060 The statute states that…