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AgencyStatutory_agency_framework_rcw_18_86HARD

Broker Sandra has been working with buyer couple the Petersons in Vancouver, Washington for two months. The Petersons have signed a buyer-broker agreement with Sandra. Sandra finds a property that the Petersons love, but it is listed by Sandra's own firm, and Sandra is also the listing agent. Sandra wants to represent both parties. Under RCW 18.86, which of the following correctly describes what Sandra must do BEFORE proceeding as a dual agent?

Correct Answer

B) Obtain written consent from both the Petersons and the seller, disclosing that her duties of loyalty to each party will be limited

Under RCW 18.86.060, before acting as a dual agent, a licensee must obtain written consent from BOTH parties — both the buyer(s) and the seller. The consent must include disclosure that the broker's duty of loyalty to each party will be limited as a result of the dual agency. Verbal consent is insufficient, and consent from only one party is not adequate under Washington's statutory agency framework.

Answer Options
A
Obtain verbal consent from both the Petersons and the seller, then proceed with the transaction
B
Obtain written consent from both the Petersons and the seller, disclosing that her duties of loyalty to each party will be limited
C
Obtain written consent from the Petersons only, since she already has a signed buyer-broker agreement with them
D
Transfer the listing to another broker in her firm so she can continue to represent the Petersons exclusively

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Related Topics & Key Terms

Key Terms:

dual_agencywritten_consentdual_agent_requirementsrcw_18_86loyalty_duty

Related Concepts

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

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