Key Takeaways

  • RCW 18.86 (The Real Estate Brokerage Relationships Act) governs all agency relationships in Washington
  • Washington recognizes seller agency, buyer agency, and dual agency relationships
  • The pamphlet "The Law of Real Estate Agency" must be provided to all parties at first contact
  • A written agency agreement is required to establish a client relationship
  • Washington presumes a buyer agency relationship unless a written agreement specifies otherwise
Last updated: January 2026

Washington Real Estate Agency Law (RCW 18.86)

Important: This content covers Washington-specific agency law. You should complete the National Real Estate Exam Prep first, as agency concepts are also tested on the national portion.

RCW 18.86, the Real Estate Brokerage Relationships Act, is Washington's primary law governing real estate agency relationships.

Key Agency Terminology

TermDefinition
PrincipalThe party (buyer or seller) who has an agency relationship with a broker
AgentThe broker who has an agency relationship with a principal
FirmThe licensed real estate company
ClientParty who has signed a written agency agreement
CustomerParty not represented but may receive limited services

Types of Agency Relationships

Seller Agency

The broker represents the seller:

  • Owes fiduciary duties to seller
  • Must promote seller's interests
  • May show buyer properties and perform ministerial acts

Buyer Agency

The broker represents the buyer:

  • Owes fiduciary duties to buyer
  • Must promote buyer's interests
  • Washington presumes buyer agency when working with unrepresented buyers

Dual Agency

The broker represents both buyer and seller in the same transaction:

  • Requires written consent from both parties
  • Limited ability to advocate for either party
  • Must treat both parties honestly and fairly

Critical Point: Washington presumes buyer agency. If a broker works with a buyer without a written agreement specifying otherwise, buyer agency is presumed by law.

Creating Agency Relationships

A client relationship requires:

  • Written agreement signed by both broker and client
  • Clear identification of the type of representation
  • Disclosure of compensation arrangements
  • Description of services to be provided

Required Disclosures Under RCW 18.86

The Pamphlet: "The Law of Real Estate Agency"

Washington requires brokers to provide the DOL pamphlet "The Law of Real Estate Agency" to all parties:

WhenTo Whom
First contactAll prospective buyers and sellers
Before servicesAnyone receiving real estate services
DocumentationReceipt should be acknowledged

The pamphlet explains:

  • Types of agency relationships
  • Duties owed by brokers
  • How agency relationships are created
  • Dual agency implications

Agency Disclosure Timing

TriggerAction Required
First meetingProvide agency pamphlet
Before showing propertyDisclose who you represent
Before receiving confidential infoClarify relationship
Before drafting offersConfirm agency relationship

Broker Duties Under Washington Law

Duties to All Parties (Regardless of Agency)

All Washington brokers owe these duties to every party:

  1. Honesty and good faith - Deal honestly with all parties
  2. Present all offers - Unless instructed otherwise by principal
  3. Disclose material facts - Known facts affecting the property
  4. Account for money/documents - Proper handling of all items
  5. Provide agency pamphlet - To all parties
  6. Exercise reasonable skill and care

Additional Duties to Principals (Clients)

Brokers owe these additional duties to their principals (clients):

  1. Loyalty - Act in the principal's best interest
  2. Confidentiality - Protect confidential information
  3. Disclosure - Disclose all relevant information to principal
  4. Obedience - Follow lawful instructions
  5. Reasonable care and skill - Perform competently
  6. Accounting - Account for all money and property
Loading diagram...
Washington Agency Relationships
Test Your Knowledge

What document must a Washington broker provide to all parties at first contact?

A
B
C
D
Test Your Knowledge

In Washington, what agency relationship is presumed when a broker works with a buyer without a written agreement?

A
B
C
D