Washington Code 18.86.050 – Buyer’s agent — Duties
Current as of: 2023 | Check for updates
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(1) Unless additional duties are agreed to in writing signed by a buyer’s agent, the duties of a buyer’s agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) of this subsection:
Terms Used In Washington Code 18.86.050
- Contract: A legal written agreement that becomes binding when signed.
- Subpoena: A command to a witness to appear and give testimony.
(a) To be loyal to the buyer by taking no action that is adverse or detrimental to the buyer’s interest in a transaction;
(b) To timely disclose to the buyer any conflicts of interest;
(c) To advise the buyer to seek expert advice on matters relating to the transaction that are beyond the agent’s expertise;
(d) Not to disclose any confidential information from or about the buyer, except under subpoena or court order, even after termination of the agency relationship; and
(e) Unless otherwise agreed to in writing after the buyer’s agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a property for the buyer; except that a buyer’s agent is not obligated to: (i) Seek additional properties to purchase while the buyer is a party to an existing contract to purchase; or (ii) show properties as to which there is no written agreement to pay compensation to the buyer’s agent.
(2)(a) The showing of property in which a buyer is interested to other prospective buyers by a buyer’s agent does not in and of itself breach the duty of loyalty to the buyer or create a conflict of interest.
(b) The representation of more than one buyer by different brokers affiliated with the same firm in competing transactions involving the same property does not in and of itself breach the duty of loyalty to the buyer or create a conflict of interest.
NOTES:
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following RCW 18.86.120.
Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW 18.86.020.
Buyer’s agent—Duties. (Effective January 1, 2024.)
(1) Unless additional duties are agreed to in writing signed by a buyer’s agent, the duties of a buyer’s agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) of this subsection:
(a) To be loyal to the buyer by taking no action that is adverse or detrimental to the buyer’s interest in a transaction;
(b) To timely disclose to the buyer any conflicts of interest;
(c) To advise the buyer to seek expert advice on matters relating to the transaction that are beyond the agent’s expertise;
(d) To not disclose any confidential information from or about the buyer, except under subpoena or court order, even after termination of the agency relationship; and
(e) Unless otherwise agreed to in writing after the buyer’s agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a property for the buyer; except that a buyer’s agent is not obligated to seek additional properties to purchase while the buyer is a party to an existing contract to purchase.
(2)(a) The showing of property in which a buyer is interested to other prospective buyers by a buyer’s agent does not in and of itself breach the duty of loyalty to the buyer or create a conflict of interest.
(b) The representation of more than one buyer by different brokers affiliated with the same firm in competing transactions involving the same property does not in and of itself breach the duty of loyalty to the buyer or create a conflict of interest.
NOTES:
Effective date—2023 c 318: See note following RCW 18.86.010.
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following RCW 18.86.120.
Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW 18.86.020.