Here's the answer up front: your Washington real estate agent is not a fiduciary. Most people assume their agent owes them the open-ended, put-the-client-first standard that applies to attorneys and trustees. In Washington, that hasn't been true since 1996. Chapter 18.86 RCW replaced the common-law fiduciary standard with a specific list of statutory duties — and says so directly: the duties are statutory duties and not fiduciary duties.
The practical difference: a fiduciary owes you everything, and a court decides after the fact whether they acted in your best interest. A Washington agent owes you what's on the list. If it isn't on the list, they don't owe it — unless you add it to your agreement in writing. (The Realtor Code of Ethics pledge to "protect and promote" a client's interests is a promise to a trade association, not a legal duty. It doesn't change the statute.)
Below: the five duties, what everyone in the deal is owed, what limited dual agency does to the list, and the two consent boxes in every Washington listing and buyer agreement that most people initial without reading.
The five duties owed to you as a client
From RCW 18.86.040 (seller's agent) and 18.86.050 (buyer's agent). These are owed to you and only you.
| Duty | What it means | |
|---|---|---|
| 1 | Loyalty | Take no action that is adverse or detrimental to your interest in the transaction. Note the wording: it's a duty not to act against you, not a duty to get you the best possible deal. |
| 2 | Disclose conflicts | Tell you, in a timely way, about any conflict of interest. |
| 3 | Refer you out | Advise you to seek expert advice on matters beyond the agent's expertise — legal, tax, structural, environmental. |
| 4 | Confidentiality | Keep your confidential information confidential, even after the relationship ends. This is the only client duty that survives the agreement. |
| 5 | Keep working | Make a good-faith, continuous effort to find you a property (or, for sellers, a buyer) until you're under contract. This is the one duty you can waive in writing. |
Owed to everyone in the deal — including the other side
Every broker also owes these to all parties, client or not, and none can be waived: reasonable skill and care; honesty and good faith; presenting written offers promptly; disclosing known material facts; accounting for money; providing the state agency pamphlet; and disclosing in writing who they represent.
An unrepresented buyer gets these from the listing agent — and none of the five above.
What limited dual agency does to the list
Limited dual agency is one agent representing both the buyer and the seller in the same transaction. Washington allows it only with written consent from both parties. The statute adds a governing rule — a limited dual agent may not advocate terms favorable to one principal to the detriment of the other — and rewrites each of the five duties to run to both sides:
| Duty | Single agency | Limited dual agency |
|---|---|---|
| Loyalty | No action adverse to you | No action adverse to either party. In a negotiation, that's a duty to do nothing. |
| Conflicts | Disclosed to you | Disclosed to both |
| Refer out | Advise you | Advise both |
| Confidentiality | Your information stays with your agent | The agent holds both bottom lines and may use neither |
| Keep working | Find you a property, or a buyer | Find a buyer and find a property |
The money is the other half: one agent, both sides of the commission. If a discount is offered, ask whether it's worth more than the negotiation you're giving up.
Our view: a limited dual agent isn't really an agent. The one honest use is a deal that's already made — a sale to a family member or friend where both sides just need the paperwork handled — and that should cost a modest flat fee, not two commissions.
The two boxes you'll be asked to initial
Since January 2024, every Washington listing and buyer services agreement must contain two separate consents. Most people sign both without knowing the list just got shorter.
- Box 1 — Limited dual agency. Your agent may represent both you and the other party. This one requires your initials next to a printed acknowledgment that the agent "may not advocate terms favorable to one principal to the detriment of the other." You can decline it; the other side hires their own agent or goes unrepresented.
- Box 2 — Designated agency. Two different agents in the same firm may represent the two sides, with the firm's designated broker and managing broker acting as the limited dual agent above them. No initials required. Each agent "solely represents" their own client.
The law treats designated agency as clean; whether the office is clean is a different question — same managing broker, same team lead, same coffee shop. In a large firm the risk is low. In a ten-agent shop, ask how price, terms, and motivation are kept apart. Declining Box 2 narrows who can bring you a buyer; most sellers should leave it checked and ask the question instead.
What to do with this
- Sellers: Cross out Box 1. Decide on Box 2 with eyes open. Ask your agent how the firm handles an in-house buyer on your listing.
- Buyers: Same two boxes on your side. Ask what happens if the house you want is your agent's own listing, or their firm's.
- Everyone: If an agent recommends dual agency, ask what's in it for them. A good agent will answer without flinching.
Where we fit
We've never done a dual agency deal. The only version we'd consider is the one above — a sale that's already agreed between people who know each other, handled for a modest flat fee. Otherwise, the one thing you're paying an agent for is someone who negotiates on your side, and a limited dual agent is prohibited by statute from doing exactly that.
We went through all of this — the duties, both kinds of dual agency, and the one scenario where we'd consider it — on Episode 12 of Disclosures.
Want to talk through your situation? Book a Strategy Call. Twenty minutes, no obligation.
This summarizes chapter 18.86 RCW as of September 2026. General information, not legal advice. Full text: app.leg.wa.gov/rcw/default.aspx?cite=18.86.
