Wa Agency Law

Washington Agency Law — RCW 18.86 > SB 5191 (effective July 28, 2024): Major update to RCW 18.86. Key changes: (1) "limited dual agency" replaces "dual agency" as the statutory term; (2) agency pamphlet renamed to "Real Estate Brokerage in Washington"; (3) written buyer brokerage service agreements required before showing residential property; (4) 60-day minimum buyer agreement term. These are testable distinctions on the WA state exam. --- ## Overview Washington's agency law is codified at RCW Chapter 18.86. Unlike the common law fiduciary duties framework that still governs agency in many states, Washington uses a statutory duties framework — specific duties defined by statute, organized into two tiers based on whether a party is a client or a third party. This statutory framework replaced common-law fiduciary duties for residential real estate transactions. Do not apply a common-law "loyalty, obedience, confidentiality, accounting, reasonable care" framework to WA agency law questions — apply the RCW 18.86 statutory structure instead. --- ## The Three Agency Types in Washington | Agency Type | Who is Represented | WA-Specific Notes | |---|---|---| | Seller's agent | The seller | Full statutory duties to seller; honesty duties to buyer | | Buyer's agent | The buyer | Full statutory duties to buyer; honesty duties to seller | | Limited dual agency | Both buyer and seller | Permitted with informed written consent of both parties before offer is written; "dual agency" is outdated WA terminology per SB 5191 | Washington does NOT use "intermediary" — that is Texas terminology. Washington does NOT use "transaction broker" as a formal agency type. In Washington, if a firm represents both parties, it is a limited dual agent.…