Key Takeaways

  • Minnesota recognizes seller agency, buyer agency, dual agency, and facilitator (transaction broker)
  • Agency disclosure is required at first substantive contact
  • Dual agency requires written informed consent from both parties
  • Facilitator status allows no agency to either party
  • Minnesota requires written disclosure of agency relationship before any offers
Last updated: January 2026

Agency Relationships in Minnesota

Understanding Minnesota agency law is essential for the state exam.

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Types of Agency Relationships

Seller's Agent (Listing Agent)

DutyDescription
Fiduciary toSeller only
LoyaltyPut seller's interests first
DisclosureMaterial facts to seller
ConfidentialityProtect seller's information
ObedienceFollow lawful instructions

Buyer's Agent

DutyDescription
Fiduciary toBuyer only
LoyaltyPut buyer's interests first
DisclosureMaterial facts to buyer
ConfidentialityProtect buyer's information
NegotiationAdvocate for buyer

Dual Agency

RequirementDetails
Both parties consentWritten informed consent
LimitationsCannot advocate for either
ConfidentialityCannot share secrets
NeutralityMust treat both fairly
DisclosureWritten disclosure required

Facilitator (Transaction Broker)

Minnesota alternative to agency:

FeatureDescription
No agencyNot representing either party
NeutralAssists both parties equally
No fiduciaryLimited duties
CommonIn dual situations

Agency Disclosure Requirements

When to Disclose

TimingRequirement
First substantive contactMust provide disclosure
Before showingBuyer must know
Before listingSeller must know
Before any offerWritten disclosure required

What is "Substantive Contact"?

SubstantiveNot Substantive
Discussing specific propertyProviding general market info
Showing propertyGiving directions
Discussing price/termsAnswering basic questions
Taking listingWebsite inquiries

Disclosure Form

RequirementDetails
Written formAgency disclosure
SignatureConsumer acknowledgment
CopyProvide to consumer
RetainKeep in file

Facilitator Duties

When acting as a Facilitator:

Must DoCannot Do
Be honest with all partiesAdvocate for either party
Present all offersDisclose confidential info
Account for fundsGive opinions favoring one
Disclose material factsNegotiate for one party
Follow lawful instructionsProvide fiduciary duties

Note: Facilitator status must be disclosed and agreed to in writing.

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Minnesota Agency Types
Test Your Knowledge

What is a facilitator in Minnesota real estate?

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Test Your Knowledge

When must agency disclosure be provided in Minnesota?

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