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NW Luxury Homes
Washington State · RCW 18.86.120

Real Estate Brokerage
in Washington

Washington State law requires real estate brokers to provide this disclosure to all parties as soon as practicable. It explains the different types of agency relationships, your rights, and your broker's duties to you.

What Is Real Estate Agency?

This pamphlet provides general information about real estate brokerage in Washington State and summarizes the laws related to real estate brokerage relationships. It describes a real estate broker's duties to you as a seller, buyer, landlord, or tenant.

Before a broker may represent you or ask you to sign anything, they are required by law to provide you with this disclosure and enter into a written brokerage services agreement with you.

Note: As of January 1, 2024, brokers are required to deliver the agency pamphlet and enter a written brokerage services agreement with clients before providing substantive services. This is a change from prior law. (See 2024 Agency Law Revisions.)

Types of Agency Relationships

Seller's Agent

A broker who represents the seller is the seller's agent. The seller's agent owes the seller duties of loyalty, disclosure, confidentiality, diligence, and accounting. The seller's agent must act in the seller's best interest and seek the best price and terms for the seller.

Buyer's Agent

A broker who represents the buyer is the buyer's agent. The buyer's agent owes the buyer the same duties of loyalty, disclosure, confidentiality, diligence, and accounting — and must act in the buyer's best interest.

Dual Agent

A broker who represents both the seller and the buyer in the same transaction is a dual agent. Dual agency is legal in Washington State only with the written consent of both parties. However, a dual agent cannot advocate for either party's best interests — they must remain neutral. This is why Justin Cicero declines dual agency entirely. When you hire NW Luxury Homes to sell your home, your interests are never shared with a buyer.

Designated Agency (Appointed Agency)

In a firm with multiple brokers, the firm may appoint one broker to represent the seller and a different broker to represent the buyer. This allows both parties to have dedicated representation within the same brokerage, provided written consent is given.

Non-Agent / Transaction Coordinator

A broker may also act as a non-agent or transaction coordinator, facilitating the transaction without representing either party. In this role, the broker owes limited duties and does not advocate for either side.

Broker Duties to All Parties (RCW 18.86.030)

Regardless of who the broker represents, Washington law requires all brokers to perform the following duties for all parties to a transaction:

  • 1Exercise reasonable skill and care
  • 2Deal honestly and in good faith
  • 3Present all written offers, notices, and communications promptly
  • 4Disclose all known material defects affecting the property
  • 5Account for all money and property received
  • 6Provide the agency pamphlet (this document) as soon as practicable
  • 7Disclose any conflicts of interest
  • 8Advise parties to seek expert advice on matters beyond the broker's expertise

Additional Duties to the Client (RCW 18.86.040–.060)

When a broker represents you as a client (not just a customer), they owe you additional duties:

Loyalty
Act solely in your best interest and not take actions that benefit the broker at your expense.
Disclosure
Disclose all information known to the broker that is material to your transaction, including information that may be adverse to your interests.
Confidentiality
Keep confidential any information you share that could harm your bargaining position, even after the agency relationship ends.
Diligence
Timely and competently perform all agreed-upon services.
Accounting
Account for all money and property received in connection with the transaction.
Obedience
Follow your lawful instructions, even if the broker disagrees with them (with limited exceptions).

MLS Exposure Requirement — SB 6091 (Effective June 2026)

Washington State Senate Bill 6091, effective June 2026, requires that residential listings be submitted to the MLS within a specified period of the listing agreement date, ensuring broad market exposure for sellers. This law was enacted in direct response to concerns about "pocket listing" programs that limit buyer competition and can reduce seller net proceeds.

What this means for you: Any brokerage that promotes a "private network," "Coming Soon" program, or off-market strategy as a primary selling approach may be operating against your financial interest — and, after June 2026, potentially against state law. The only party who consistently benefits from restricted-exposure listings is the listing broker, who can collect both sides of the commission when an in-house buyer closes the deal.

Brokerage Services Agreement

As of January 1, 2024, Washington law requires brokers to enter a written brokerage services agreement with clients before providing substantive real estate services. This agreement must describe the services to be provided, the compensation structure, the duration of the relationship, and which party the broker represents.

You have the right to review this agreement carefully, ask questions, and negotiate its terms before signing. A professional broker will welcome your due diligence.

Official Resources

Questions about agency relationships or your rights as a seller?

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