Limited Dual Agency

Limited Dual Agency in Washington State

Overview

Washington permits limited dual agency — a situation where one brokerage represents both the buyer and seller in the same transaction. Under RCW 18.86, this requires the written informed consent of both parties before the brokerage may proceed as a limited dual agent.

In a limited dual agency relationship, the broker owes duties to both parties but may not disclose confidential information (such as the seller's minimum acceptable price or the buyer's maximum willingness to pay) to the other party.

Key Requirements

• Written consent required from both buyer and seller
• Broker must disclose the limited dual agency relationship
• Cannot reveal confidential information of either party
• Both parties must be informed of the material limitations

Key Terms

• Limited Dual Agency: Representation of both buyer and seller by one brokerage with written consent
• Informed Consent: Both parties must understand and agree in writing to the dual representation
• Confidential Information: Information that one party does not want disclosed to the other