Washington guide

Dual Agency in Washington: Written Consent Requirements Under RCW 18.86.060

In Washington, dual agency happens when the same broker — or two brokers at the same brokerage — represent both you and the seller in one deal.

Reading as buyer.

TL;DR

In Washington, dual agency happens when the same broker — or two brokers at the same brokerage — represent both you and the seller in one deal. RCW 18.86.060 says you must sign a written consent form before that dual representation starts, and your broker cannot share the seller's lowest price or push you toward a specific number. If you do not feel comfortable, you can refuse and ask for your own broker at a different firm or inside the same firm.

Before you start — 8 things to know

  • Dual agency in Washington happens when one broker represents both you and the seller, or when two brokers at the same brokerage represent each side of the same deal.

  • You must sign a written dual-agency consent form before the dual agency begins — not after you have already written or submitted an offer.

  • The written consent must spell out exactly which duties — especially loyalty and confidentiality — the broker can no longer fully give you once they represent both sides.

  • Under RCW 18.86.070, a dual agent is legally banned from telling you the seller's minimum acceptable price.

  • A dual agent in Washington cannot recommend that you offer, accept, or reject a specific price — that limit is set by RCW 18.86.070 and cannot be waived.

  • You always have the right to refuse dual agency and hire your own buyer's broker from a different firm before signing anything.

  • Verbal consent is not enough in Washington — if your agent only mentions dual agency out loud, the disclosure has not been properly handled under RCW 18.86.060.

  • If you refuse to consent, the brokerage must refer either you or the seller to another broker inside or outside the firm so the transaction can keep moving.

The timeline — step by step

  1. Before you sign any offer, your broker tells you that the seller is also represented by the same brokerage and that dual-agency consent will be needed.

  2. Your broker hands you the written dual-agency consent form — either DOL-approved language or the firm's reviewed version.

  3. You read the disclosure carefully — it must state that a dual agency exists, list the limits on the broker's duties, and confirm your right to independent representation.

  4. You decide whether to sign the consent or ask for a separate buyer's broker, and you sign before the offer goes out — not after.

  5. If you sign, the dual agent proceeds with the offer but cannot share the seller's bottom-line price or coach you toward a specific number.

  6. If you refuse, the brokerage refers either you or the seller to another broker so each side has its own representation going forward.

Common questions

What is dual agency in Washington?
Dual agency is when one broker, or two brokers at the same brokerage, represent both the buyer and the seller in the same transaction, and it is governed by RCW 18.86.060.
When do I have to sign the dual-agency consent form?
You must sign the written consent before the dual agency begins — not after you have already written or submitted an offer on the home.
Can a dual agent tell me how low the seller will actually go?
No, RCW 18.86.070 specifically bars a dual agent from disclosing the seller's minimum acceptable price to the buyer.
Can I refuse dual agency as the buyer?
Yes, you can decline dual-agency consent, and the brokerage must then refer one side to another broker so the deal can continue without a license violation.
Is verbal consent ever good enough in Washington?
No, Washington requires the dual-agency consent to be in writing — a verbal okay does not satisfy RCW 18.86.060.
Can my dual agent recommend a specific offer price?
No, RCW 18.86.070 bars a dual agent from recommending that either party accept or reject a specific price.

Sources

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