Washington licensee Carlos is a dual agent in a transaction where he represents both seller Maria and buyer David. David confides to Carlos that he is willing to pay up to $580,000 for the property, though his written offer is for $540,000. Maria has told Carlos she would accept $550,000. Under RCW 18.86, how must Carlos handle this confidential information?

Correct Answer

C) Carlos must maintain confidentiality for both parties and may not disclose either party's confidential price information to the other

Under RCW 18.86.060, a dual agent's duty of confidentiality remains intact for both parties. A dual agent may not disclose to the buyer the minimum price the seller will accept, nor may the dual agent disclose to the seller the maximum price the buyer will pay. This is one of the specific statutory modifications to dual agency duties under Washington law — the duty of loyalty is limited, but confidentiality is explicitly preserved for both parties. Carlos must not share either party's confidential price information with the other.