Dual agency in Washington, called limited dual agency, is when the same broker, or two brokers at the same firm, represent both the buyer and the seller in one transaction. It’s legal, but only with both parties’ written consent in their brokerage services agreements. A limited dual agent can’t share either client’s confidential information, such as how low a seller would go or how high a buyer would pay, and must disclose any conflicts of interest to both sides.
Buyers and sellers often hear the term for the first time mid-transaction. Understanding it ahead of time helps you decide whether you’re comfortable with it and what to expect if it happens.
When dual agency happens
There are two common situations:
- Same broker. A buyer working with a broker wants to see, and then buy, a home that same broker has listed.
- Same firm. The buyer’s broker and the seller’s broker are different people who work for the same brokerage firm. Under Washington law, the firm is a dual agent in this situation.
What Washington law requires
Washington’s real estate agency law, RCW 18.86.060, allows limited dual agency only with the written consent of both parties, set out in their services agreements. The statute also requires the dual agent to:
- Take no action that’s adverse or detrimental to either party’s interest in the transaction
- Promptly disclose any conflict of interest to both parties
- Recommend that each party seek expert advice on matters outside the broker’s expertise
- Not disclose confidential information from or about either party, except under subpoena or court order, even after the relationship ends
Questions about how representation works?
Josh will explain exactly who represents whom, and what that means for you, before you sign anything. Talk through your options.
What changes for you
| Single agency | Limited dual agency | |
|---|---|---|
| Advocacy on price | Your broker can advise you on negotiating strategy against the other side | The broker must stay neutral on confidential pricing positions |
| Confidential information | Protected from the other side | Protected from both sides |
| Communication | Through two brokers | Often faster, through one broker or firm |
| Consent | Standard services agreement | Written consent from both parties required |
Questions to ask before you consent
- How will you handle price negotiations if you represent both of us?
- What information will you keep confidential?
- If I’m not comfortable with dual agency, what are my options?
- Does dual agency change anything about compensation?
If you’re not comfortable, you can say no. Depending on the situation, options may include working with a different broker or firm.
For sellers
If a buyer working with your listing broker wants to make an offer, you’ll still compare that offer on the same terms as any other: net, financing strength, contingencies, and timing. Our guide to choosing between multiple offers covers what to weigh. You can also review how representation is set out in your listing agreement.
Frequently asked questions
Is dual agency legal in Washington?
Yes, as limited dual agency, with written consent from both buyer and seller.
Can a dual agent tell the seller what the buyer will pay?
No. A limited dual agent can’t disclose either party’s confidential information without permission.
Do I have to agree to dual agency?
No. Consent is required. If you don’t consent, talk with your broker about other options.
Know who’s representing you
Clear representation leads to better decisions. Book a complimentary strategy session with Josh Barnard and The Barnard Group to talk through how we’d represent you.
This article is general information, not legal advice. Consult a Washington real estate attorney with specific legal questions.
