Wa Sb5191 Rcw18 86 Overview

WA SB 5191 and RCW 18.86 Overview

Washington Agency Law Foundation

RCW 18.86 is Washington's real estate agency statute. It codifies the duties brokers owe to buyers, sellers, and third parties, and establishes the framework for agency relationships in Washington real estate transactions.

SB 5191 (2024) updated Washington's agency law to align with the NAR settlement requirements, mandating written buyer brokerage agreements before touring property.

Core Duties Under RCW 18.86

Brokers owe the following duties to all parties (buyer, seller, or unrepresented):

• Good faith and honesty
• Reasonable care and diligence
• Timely disclosure of material facts (including adverse material facts)
• Presenting offers and counteroffers promptly

Additional duties owed only to the client (the party the broker represents):

• Loyalty — acting in the client's best interest
• Disclosure of conflicts of interest
• Confidentiality of client information
• Reasonable skill and care

Key Terms

• RCW 18.86: Washington's real estate agency statute governing broker duties
• SB 5191: 2024 legislation requiring written buyer brokerage agreements
• Material Fact: Any fact that would affect a buyer's or seller's decision