(1) A broker who performs real estate brokerage services for a buyer is a buyer's agent unless the:
(a) Broker's firm has appointed the broker to represent the seller pursuant to a written agency agreement between the firm and the seller, in which case the broker is a seller's agent;
(b) Broker has entered into a subagency agreement with the seller's agent's firm, in which case the broker is a seller's agent;
(c) Broker's firm has appointed the broker to represent the seller pursuant to a written agency agreement between the firm and the seller, and the broker's firm has appointed the broker to represent the buyer pursuant to a written agency agreement between the firm and the buyer, in which case the broker is a dual agent;
(d) Broker is the seller or one of the sellers; or
(e) Parties agree otherwise in writing after the broker has complied with RCW 18.86.030(1)(f).
(2) In a transaction in which different brokers affiliated with the same firm represent different parties, the firm's designated broker and any managing broker responsible for the supervision of both brokers, is a dual agent, and must obtain the written consent of both parties as required under RCW 18.86.060. In such case, each of the brokers shall solely represent the party with whom the broker has an agency relationship, unless all parties agree in writing that the broker is a dual agent.
(3) A broker may work with a party in separate transactions pursuant to different relationships, including, but not limited to, representing a party in one transaction and at the same time not representing that party in a different transaction involving that party, if the broker complies with this chapter in establishing the relationships for each transaction.
[ 2013 c 58 § 2; 1997 c 217 § 1; 1996 c 179 § 2.]
NOTES:
Effective date—1997 c 217 §§ 1-6 and 8: "Sections 1 through 6 and 8 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [April 25, 1997]." [ 1997 c 217 § 9.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following RCW 18.86.120.