Revised Code of Washington
Wash. Rev. Code § 61.34.060 (2026)
Distressed home consultant—Fiduciary duties
✓ current as of May 2026
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A distressed home consultant has a fiduciary relationship with the distressed homeowner, and each distressed home consultant is subject to all requirements for fiduciaries otherwise applicable under state law. A distressed home consultant's fiduciary duties include, but are not limited to, the following:
(1) To act in the distressed homeowner's best interest and in utmost good faith toward the distressed homeowner, and not compromise a distressed homeowner's right or interest in favor of another's right or interest, including a right or interest of the distressed home consultant;
(2) To disclose to the distressed homeowner all material facts of which the distressed home consultant has knowledge that might reasonably affect the distressed homeowner's rights, interests, or ability to receive the distressed homeowner's intended benefit from the residential mortgage loan;
(3) To use reasonable care in performing his or her duties; and
(4) To provide an accounting to the distressed homeowner for all money and property received from the distressed homeowner.
[ 2008 c 278 s 3.]
Notes of Decisions
Cited in 3
cases (3 in the last 5 years), 2021–2025 · leading case: Cristy Macgilvary, V. Trudel, Llc (Wash. Ct. App. 2021).
Cristy Macgilvary, V. Trudel, Llc (Wash. Ct. App. 2021). “050 and RCW 61.34.060 govern the duties of a distressed home consultant.”
Russell v. WADOT Capital Inc (W.D. Wash. 2023). “050; and that Defendants did not “afford[ her] fiduciary protections” as a distressed 13 homeowner in violation of RCW 61.34.060. (Id.) Ms. Russell does not explain why she 14 could not have alleged that Defendants had violated the DPCA in an earlier version of her 15 complaint,…”
Russell v. WADOT Capital Inc (W.D. Wash. 2025). “at 25); see RCW 61.34.060 (imposing a fiduciary duty between a “distressed home 21 consultant” and a “distressed homeowner”).”
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