Under RCW 18.86.060, when a Washington broker acts as a dual agent with written consent from both the buyer-client and the seller-client, the broker's standard duties are modified. Which of the following duties is NOT modified or limited when a broker acts as a dual agent in Washington?
Correct Answer
C) The duty of confidentiality, which continues to protect both clients' confidential information
The duty of confidentiality is NOT modified or limited in a dual agency relationship under RCW 18.86.060. In fact, confidentiality is one of the duties that is explicitly preserved and continues to protect both clients. The dual agent must not disclose one client's confidential information to the other. This is in contrast to the duties of loyalty and disclosure, which are both modified in dual agency — loyalty is limited because the broker cannot exclusively advocate for either party, and disclosure is limited because the broker cannot share confidential negotiating information.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The legal ending of an agency relationship, which can occur through completion, expiration, mutual agreement, breach, death, incapacity, or bankruptcy of either party.
The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.
In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.
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