Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Consumer Protection & Business Committee

HB 1316

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Prohibiting dual agency in certain real estate transactions.

Sponsors: Representatives Valdez and Ryu.

Brief Summary of Bill

  • Establishes as a conflict of interest a broker acting in a dual agent capacity in certain commercial real estate transaction.

  • Requires parties and legal counsel to sign a conflict-of-interest waiver in a dual agent real estate transactions.

Hearing Date: 1/30/19

Staff: Serena Dolly (786-7150).

Background:

Within real estate transactions, a dual agent is defined in statute as a broker who has entered into an agency relationship with both the buyer and seller in the same transaction. An agent may act as a dual agent with written consent by both the buyer and seller of the property. Unless additional duties are agreed to in writing signed by a dual agent, the duties of a dual agent are limited to the duties of a broker as defined in statute.

Under statute, a dual agent must:

Summary of Bill:

In a county with a population of 100,000 or more, a conflict of interest is established for a broker serving as a dual agent in a commercial real estate transaction. A conflict of interest exists if:

If a broker is prohibited from representing a party to a transaction under this bill, no broker in the same firm may represent the party, unless the prohibition is based on a personal interest and there is not a significant risk of limiting the representation of the party. Disciplinary statutes for unprofessional conduct with respect to brokers is amended to include a broker's conflict of interest in commercial real estate transactions.

A broker in any real estate transaction may only serve as a dual agent with a written conflict-of-interest waiver signed by both parties and their respective legal counsel. A conflict-of-interest waiver must show that each party is waiving their right to legal remedies against the dual agent broker, managing broker, and brokerage firm. A dual agent must disclose to both parties any additional conflicts that arise during the transaction. The waiver provisions do not apply in commercial real estate transactions in counties with a population of 100,000 or less or in transactions involving multiple-unit housing of four or more dwelling units.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.