Utah guide

Utah Designated Agency

In Utah, designated agency means your agent works only for you, even if the seller's agent works at the same brokerage.

Reading as buyer.

TL;DR

In Utah, designated agency means your agent works only for you, even if the seller's agent works at the same brokerage. The brokerage assigns each side a different specific agent, and your agent owes you full loyalty just like in a normal one-side representation. You will sign an Agency Disclosure Notice up front confirming your agent is your designated representative.

Before you start — 8 things to know

  • Designated agency is legal in Utah under state law, and it lets your agent fully advocate for you even when the listing agent works at the same brokerage.

  • Your designated agent owes you full fiduciary duties like loyalty, confidentiality, and obedience, not the curtailed duties used in brokerage-wide limited agency.

  • The brokerage must keep a written information barrier between the two designated agents so the seller's agent cannot see your offer strategy or top price.

  • You will receive a written Agency Disclosure Notice that names your designated agent and explains how the designated agency arrangement works in Utah.

  • The principal broker who runs the office cannot be the designated agent for both sides of your transaction; the designation must involve two distinct licensees.

  • Designated agency gives you stronger advocacy than the older limited agency model, where one brokerage represented both sides with reduced duties to each.

  • You can share negotiation strategy, financing concerns, and your top price with your designated agent without worrying it will be passed to the listing side.

  • If you would rather avoid an in-house arrangement entirely, you can hire a buyer's agent at a different brokerage so designated agency never comes into play.

The timeline — step by step

  1. Find a home listed on the and notice that the listing agent works at the same Utah brokerage as your buyer's agent.

  2. Your buyer's agent explains that the brokerage will designate them to you and a different specific agent to the seller, with information barriers between the two.

  3. Review and sign the Agency Disclosure Notice naming your designated agent before you write or submit any offer on the property.

  4. Discuss offer price, terms, and your top dollar privately with your designated agent, knowing that information stays on your side of the firewall.

  5. Submit your offer and negotiate through your designated agent, who represents only you and owes full fiduciary duties to you alone.

  6. Close the purchase with full fiduciary representation throughout, and confirm the brokerage retains the signed designation paperwork in the transaction file.

Common questions

What is designated agency in Utah from a buyer's point of view?
Designated agency is a setup where the brokerage assigns one specific agent to represent you and a different specific agent at the same firm to represent the seller, with each agent owing full fiduciary duties only to their own client.
Can my designated agent really keep my information private from the listing agent at the same brokerage?
Yes, because Utah rules require the brokerage to maintain written information barriers, and the principal broker is responsible for making sure your private offer information does not cross the firewall.
Is designated agency the same thing as dual agency in Utah?
No, in full dual or limited agency one agent or brokerage represents both sides with reduced duties, but in designated agency you and the seller each get your own dedicated agent who keeps full duties to you.
Do I have to agree to a designated agency arrangement as the buyer?
You must receive and sign the Agency Disclosure Notice describing the designation, and if you do not want the in-house arrangement you can choose a buyer's agent at a different brokerage instead.
Does designated agency cost me anything extra as a buyer?
Designated agency itself does not add a fee, because commission terms come from the listing agreement and your separate agreement with your buyer's agent rather than from the agency structure.

Glossary

1 term
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.

Sources

  1. [1]
  2. [2]

Last updated