Key Takeaways

  • Utah recognizes single agency (representing one party only) and limited agency (dual agency with consent)
  • A single agent represents only the buyer OR the seller, never both simultaneously
  • Limited agency requires prior written informed consent from both parties
  • Licensees must define the scope of their agency by executing a written agency agreement with principals
  • Up to 70% of real estate lawsuits are related to limited agency situations
Last updated: January 2026

Utah Agency Relationships

Utah law defines the types of agency relationships that real estate licensees may have with consumers. Understanding these relationships and associated duties is critical for the state exam.

Types of Agency Relationships

Single Agency

A single agent is a licensee who represents only one party in a transaction:

Single Agent RoleRepresents
Seller's agentSeller only
Buyer's agentBuyer only

Single agent duties include:

  • Undivided loyalty to the client
  • Confidentiality of client information
  • Full disclosure of material facts to client
  • Obedience to lawful instructions
  • Accounting for all funds
  • Reasonable care and diligence

Limited Agency (Utah's Dual Agency)

Limited agency occurs in Utah when:

  1. Two agents in the same brokerage represent the buyer and seller in the same transaction (in-house sale), OR
  2. One agent represents both the buyer and seller

Important: Utah uses the term "limited agency" rather than "dual agency" because the agent's duties to each party are LIMITED when representing both sides.

Requirements for Limited Agency

RequirementDescription
Written consentBoth parties must provide prior informed consent in writing
Clear explanationAgent must explain in writing that each party may be represented by a separate agent
Written agency agreementMust execute a written agreement defining the scope of agency
Confidentiality limitsCannot disclose price/terms one party will accept
Neutral positionMust maintain duty of neutrality to both parties

Warning: Approximately 70% of real estate lawsuits are related to limited agency situations. Full disclosure and proper documentation are essential.

Fiduciary Duties in Utah

Utah law establishes specific fiduciary duties that agents owe to their principals:

Duties to Principals (Clients)

DutyDescription
LoyaltyAct in the principal's best interests
ObedienceFollow lawful instructions from the principal
DisclosureInform principal of any material facts learned
ConfidentialityKeep confidential information given by principal
AccountingAccount for all funds and property received
Reasonable CareExercise reasonable skill and care

Full Disclosure Obligation

The duty of "full disclosure" obligates the agent to inform the principal of any material fact the agent learns about, including:

  • Property conditions
  • Market information
  • Other offers (if permitted)
  • Any information that could affect the principal's decisions

Confidentiality Requirements

Confidentiality prohibits the agent from disclosing, without permission, any information given by the principal that would likely weaken the principal's bargaining position if it were known.

Confidential InformationExamples
Motivation to sell/buy"Seller is desperate to sell"
Bottom line price"Buyer will pay up to $500,000"
Personal circumstancesFinancial difficulties, divorce, relocation
Negotiating strategy"Seller will accept less if..."

Exceptions to confidentiality:

  • Information required by law to be disclosed
  • Known material defects affecting the property
  • Information that becomes public knowledge
  • Information the principal authorizes in writing

Limited Agent Duties

When acting as a limited agent (dual agency), specific duties apply:

DutyDescription
ObedienceObey lawful instructions from both parties, consistent with duty of neutrality
NeutralityRemain impartial; cannot advocate for one party over another
DisclosureDisclose material facts to both parties
ConfidentialityMaintain confidentiality for both parties' sensitive information

Key Point: A limited agent cannot help one party negotiate against the other or share confidential information between parties.

Loading diagram...
Utah Agency Relationships
Test Your Knowledge

What is Utah's term for dual agency?

A
B
C
D
Test Your Knowledge

What is required before a Utah licensee can act as a limited agent?

A
B
C
D
Test Your Knowledge

Which of the following is a duty a limited agent owes to both parties?

A
B
C
D