Revised Code of Washington

Wash. Rev. Code § 18.86.010 (2026)

Definitions

✓ current as of May 2026

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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Agency relationship" means the agency relationship created under this chapter between a real estate firm and a principal.

(2) "Agent" means a broker who has an agency relationship with a principal, including the firm's designated broker and any managing broker responsible for the supervision of that broker.

(3) "Broker" means broker, managing broker, and designated broker, collectively, as defined in chapter 18.85 RCW, unless the context requires the terms to be considered separately.

(4) "Brokerage services agreement" or "services agreement" means a written agreement between a real estate firm and principal that appoints a broker to represent the principal as an agent and sets forth the terms required by RCW 18.86.020 and 18.86.080.

(5) "Business opportunity" means and includes a business, business opportunity, and goodwill of an existing business, or any one or combination thereof when the transaction or business includes an interest in real property.

(6) "Buyer" means an actual or prospective purchaser in a real estate transaction, or an actual or prospective tenant in a real estate rental or lease transaction, as applicable.

(7) "Buyer's agent" means a broker who has an agency relationship with only the buyer in a real estate transaction.

(8) "Commercial real estate" has the same meaning as in RCW 60.42.005.

(9) "Confidential information" means information from or concerning a principal that:

(a) Was acquired by the broker during the course of an agency relationship with the principal;

(b) The principal reasonably expects to be kept confidential;

(d) Would, if disclosed, operate to the detriment of the principal; and

(e) The principal personally would not be obligated to disclose to the other party.

(10) "Limited dual agent" means a broker who has an agency relationship with both the buyer and seller in the same transaction.

(11) "Material fact" means information that substantially adversely affects the value of the property or a party's ability to perform its obligations in a real estate transaction, or operates to materially impair or defeat the purpose of the transaction. The fact or suspicion that the property, or any neighboring property, is or was the site of a murder, suicide or other death, rape or other sex crime, assault or other violent crime, robbery or burglary, illegal drug activity, gang-related activity, political or religious activity, or other act, occurrence, or use not adversely affecting the physical condition of or title to the property is not a material fact.

(12) "Principal" means a buyer or a seller who has an agency relationship with a broker.

(13) "Real estate brokerage services" means the rendering of services for which a real estate license is required under chapter 18.85 RCW.

(14) "Real estate firm" or "firm" have the same meaning as defined in chapter 18.85 RCW.

(15) "Real estate transaction" or "transaction" means an actual or prospective transaction involving a purchase, sale, option, or exchange of any interest in real property or a business opportunity, or a lease or rental of real property. For purposes of this chapter, a prospective transaction does not exist until a written offer has been signed by at least one party.

(16) "Seller" means an actual or prospective seller in a real estate transaction, or an actual or prospective landlord in a real estate rental or lease transaction, as applicable.

(17) "Seller's agent" means a broker who has an agency relationship with only the seller in a real estate transaction.

[ 2023 c 318 s 1; 2013 c 58 s 1; 1996 c 179 s 1.]

Notes:

Effective date—2023 c 318: "This act takes effect January 1, 2024." [ 2023 c 318 s 12.]

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1997–2025 · leading case: Bloor v. Fritz, 180 P.3d 805 (Wash. Ct. App. 2008).

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Bloor v. Fritz, 180 P.3d 805 (Wash. Ct. App. 2008). · cites it 3× “" RCW 18.86.010(9). But that a property is or was the site of "illegal drug activity .”

Bloor v. Fritz, 143 Wash. App. 718 (Wash. Ct. App. 2008). · cites it 3× “” RCW 18.86.010(9). But that a property is or was the site of “illegal drug activity .”

Washington Prof'l Real Est., LLC v. Young, 260 P.3d 991 (Wash. Ct. App. 2011). · cites it 2× “040(1)(e); see RCW 18.86.010(14). As pointed out by amicus Washington Realtors, not only is it common for a listing broker to have no contact with a buyer, such contact is generally a breach of the Realtor’s Code of Ethics.”

Jackowski v. Borchelt, 278 P.3d 1100 (Wash. 2012). “050 sets forth a buyer’s agent’s fiduciary duties, which include loyalty to the buyer, timely disclosure to the buyer of any conflicts of interest, advising the buyer to seek expert advice on matters relating to the transaction that are beyond the agent’s expertise,…”

Holst v. Fireside Realty, Inc., 948 P.2d 858 (Wash. Ct. App. 1997). “See also RCW 18.86.010(5), (14); RCW 18.86.020. These sections do not apply here, because they did not take effect until January 1997.”

REX - Real Est. Exch. Inc v. Zillow Inc (W.D. Wash. 2023). “Under Washington law, an “agent” is a designated broker, managing broker, or broker “who has entered into an agency relationship with a buyer or seller” in an actual or prospective 21 || real estate transaction.”

Sebastian Scheiff v. Julie Carey Del Moro (Wash. Ct. App. 2025). “Former RCW 18.86.010(9) (2013), in effect when the complaint was filed, defines a “material fact” for purposes of the statute as: information that substantially adversely affects the value of the property or a party’s ability to perform its obligations in a real estate…”

Wgw Usa, Inc. & Tian Qing Guo v. Legacy Bellevue 530, Llc (Wash. Ct. App. 2015). “331; RCW 18.86.010(H).17 Nelson did not disclose the following information that WGW alleges is material: (1) that Sound Transit had designated the Legacy Property as a potential acquisition for the chosen route through downtown Bellevue; (2) that Sound Transit's depiction of the…”

— Wash. Rev. Code § 18.86.010(14) — 1 case

Washington Prof'l Real Est., LLC v. Young, 260 P.3d 991 (Wash. Ct. App. 2011). “040(1)(e); see RCW 18.86.010(14). As pointed out by amicus Washington Realtors, not only is it common for a listing broker to have no contact with a buyer, such contact is generally a breach of the Realtor’s Code of Ethics.”

— Wash. Rev. Code § 18.86.010(2) — 1 case

— Wash. Rev. Code § 18.86.010(5) — 2 cases

— Wash. Rev. Code § 18.86.010(8) — 1 case

— Wash. Rev. Code § 18.86.010(9) — 3 cases

Bloor v. Fritz, 180 P.3d 805 (Wash. Ct. App. 2008). “" RCW 18.86.010(9). But that a property is or was the site of "illegal drug activity .”

Bloor v. Fritz, 143 Wash. App. 718 (Wash. Ct. App. 2008). “” RCW 18.86.010(9). But that a property is or was the site of “illegal drug activity .”

— Wash. Rev. Code § 18.86.010(H) — 1 case

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