Statutory Duties

# Statutory Duties Under RCW 18.86 ## Two Tiers of Duties RCW 18.86 divides a Washington licensee's duties into two tiers: duties owed to all parties (including parties the broker does not represent) and additional duties owed only to the broker's own client. This two-tier structure is heavily tested because it defines exactly what protection non-represented parties receive. ## Duties Owed to ALL Parties (Including Non-Clients) — RCW 18.86.030 RCW 18.86.030 (amended 2023, c 318 s 3) establishes seven non-waivable duties that every Washington broker owes to all parties in a transaction, regardless of who they represent: 1. *"To exercise reasonable skill and care"* (RCW 18.86.030) 2. *"To deal honestly and in good faith"* (RCW 18.86.030) 3. Present all written offers, notices, and communications timely regardless of existing contracts — the broker's opinion of the offer's merit is irrelevant 4. *"To disclose all existing material facts known by the broker"* — note "known": brokers are not required to independently investigate, only to disclose facts they actually know (RCW 18.86.030) 5. Account promptly for all money and property received 6. Provide the required brokerage pamphlet and obtain a signed acknowledgment before the party signs a services agreement 7. Disclose in writing — before or soon after mutual agreement — whether the broker represents the buyer, seller, or both parties as a limited dual agent, and any compensation terms Unless agreed otherwise, brokers have no duty to conduct independent property inspections, investigate financial conditions of parties, or independently verify statements made by the parties. ## Additional Duties Owed ONLY to Clients — RCW…