FAQ

Washington Agency Law is a site developed to help the public understand the important changes to Washington State RCW 18.86 also known as Agency Law. 

The regulations contained in RCW 18.86 cover real estate brokerage relationships. This includes definitions of Agency, the new "Limited Dual Agency", Duties owed to buyers and sellers, and how Real Estate Brokerages and Agents work with consumers.  This law also requires a pamphlet, "Real Estate Brokerage in Washington" be provided to every consumer who first interacts with a real estate agent, prior to entering into any real estate contracts. 

January 1, 2024. The update to the law was passed unanimously on April 14, 2023 through Senate BIll 5191.

Agency Law in Washington is 25 years old now and needs to be updated to provide additional transparency and consumer protections, better disclosures for Dual Agency (when one Agent represents BOTH PARTIES in a transaction), and highlight the importance of representation for buyers and renters.

Agency Law will require firms to enter into a written “brokerage services agreement” with any party the firm represents, including both sellers and buyers, as well as renters and landlords. This change ensures that buyers (in addition to sellers) clearly understand the terms of the firm’s representation and compensation.

The pamphlet provides general information about real estate brokerage and summarizes the laws related to real estate brokerage relationships. It describes a real estate broker’s duties to the seller/landlord and buyer/tenant. 

Detailed and complete information about real estate brokerage relationships is available in chapter 18.86 RCW.

Limited Dual Agency is when an agent is acting as a dual agent is limited in the services that they  can provide to a principal.  Indeed, when a broker acts as a dual agent, the broker may not try to get the best contract terms for the buyer – or try to get the most favorable contract terms for the seller, as doing so would be detrimental to the other principal in the transaction – a clear violation of RCW 18.86.060(2)(a).  Thus, a broker acting as a dual agent is truly limited in the services and scope of representation that the broker can provide to either principal. 

YES!  As a buyer or seller you should have a conversation with your agent concerning Limited Dual Agency PRIOR to signing any agreement. This is also required in the Broker Services Agreement.

Yes. You can change most areas of the Broker Services Agreement. You can change the Duration, the number of authorized Agents (initially only one agent can be on the agreement), amount of compensation, change of Limited Dual Agency, etc. 

Yes. Termination of the relationship by notice from either party to the other. However, such a termination does not affect the contractual rights of either party. 

You can fill out the Contact Us form, email us direct at info@washingtonagencylaw.com or phone us at 360-961-6366