Wyoming Statutes

Wyo. Stat. § 33-28-305 (2026)

Intermediary.

✓ current as of May 2026
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     (a) A licensee engaged as an intermediary shall not act as
an advocate or agent for either party and shall be limited to
providing those services described in subsection (b)(ii) of this
section.

     (b) A licensee engaged as an intermediary shall owe to
each party with whom the intermediary has contracted the
following duties and obligations:

          (i) To perform the terms of any written agreement
made by the intermediary with any party or parties to the
transaction, provided that the terms of the written agreement
shall be consistent with this article;

          (ii) To exercise reasonable skill and care as an
intermediary, including:

               (A) Presenting all offers and counteroffers in a
timely manner regardless of whether the property is subject to a
contract for sale;

               (B) Advising the parties to obtain expert advice
as to material matters about which the intermediary knows but
the specifics of which are beyond the expertise of the
intermediary;

               (C) Accounting in a timely manner for all money
and property received;

               (D)   Keeping the parties fully informed regarding
the transaction;

               (E) Obtaining the written consent of the parties
before assisting the buyer and seller in the same real estate
transaction;

               (F) Assisting the parties in complying with the
terms and conditions of any contract which may include closing
the transaction;

               (G) Disclosing to the parties any interests the
intermediary may have which are adverse to the interest of
either party;

               (H) Disclosing to all prospective buyers any
adverse material facts actually known by the intermediary,
including but not limited to adverse material facts pertaining
to the title, the physical condition of the property, any
defects in the property and any environmental hazards affecting
the property required by law to be disclosed;

               (J) Disclosing to any prospective seller all
adverse material facts actually known by the intermediary,
including but not limited to adverse material facts pertaining
to the buyer's financial ability to perform the terms of the
transaction; and

               (K) Disclosing to the parties that an
intermediary owes no fiduciary duty either to buyer or seller,
is not allowed to negotiate on behalf of the buyer or seller,
may be required to disclose information he learns about a
property to the other party, and may be prohibited from
disclosing information about the other party which if known
could materially affect negotiations in the real estate
transaction.

          (iii)   To comply with all requirements of this
article; and

          (iv) To comply with any applicable federal, state or
local laws, rules, regulations or ordinances.

     (c) The following information shall not be disclosed by an
intermediary without the informed consent of all parties:

          (i) That a buyer is willing to pay more than the
purchase price offered for the property;

          (ii) That a seller is willing to accept less than the
asking price for the property;

          (iii) What the motivating factors are for any party
buying or selling the property; or

          (iv) That a seller or buyer will agree to financing
terms other than those offered.

     (d) An intermediary has no duty to conduct an independent
inspection of the property for the benefit of the buyer and has
no duty to independently verify the accuracy or completeness of
statements made by the seller, or independent inspectors.
     (e) An intermediary has no duty to conduct an independent
investigation of the buyer's financial condition or to verify
the accuracy or completeness of any statement made by the buyer.

     (f) An intermediary may do the following without breaching
any obligation or responsibility:

          (i) Show alternative properties not owned by the
seller to a prospective buyer;

         (ii)    List competing properties for sale or lease; and

          (iii) Show properties in which the buyer is
interested to other prospective buyers.

         (iv)    Repealed By Laws 2011, Ch. 104, § 2.

     (g) An intermediary may cooperate with other responsible
brokers but shall not engage any subagents.
Notes of Decisions
Cited in 5 cases, 2001–2010 · leading case: Hulse v. First Am. Title Co. of Crook Cnty., 2001 WY 95 (Wyo. 2001).
Hulse v. First Am. Title Co. of Crook Cnty., 2001 WY 95 (Wyo. 2001). · cites it 2× “Stat, § 33-28-304 (LexisNexis 2001) Agent engaged by buyer; Wyo. Stat. Ann. § 33-28-305 (LexisNexis 2001) Intermediary.”
Throckmartin v. Century 21 Top Realty, 2010 WY 23 (Wyo. 2010). “§ 33-28-305(b)@M(H). The Throckmartins received and signed for a copy of the sellers' disclosure statement which revealed there were problems with the home's foundation.”
Rawlinson v. Greer, 2003 WY 28 (Wyo. 2003). “Hulse, 2001 WY 95, ¶ 60 ; § 33-28-303 (agent engaged by seller); § 33-28-304 (agent engaged by buyer); § 33-28-305 (intermediary agent). Moreover, in 2000, the legislature adopted § 33-28-124 which provides in pertinent part: “A cause of action arising from an act, error or…”
Grommet v. Newman, 2009 WY 150 (Wyo. 2009). “hat any established relationship cannot be modified without the written consent of the buyer or seller and that the buyer or seller may, but is not required to, negotiate different commission fees as a condition of consenting to a change in relationship; and (v) A statement that…”
Hulse v. BHJ, INC., 2003 WY 75 (Wyo. 2003). · cites it 2× “§ 33-28-304 (LexisNexis 2001) Agent engaged by buyer; Wyo. Stat. Ann. § 33-28-305 (LexisNexis 2001) Intermediary.”
— Wyo. Stat. § 33-28-305(b) — 1 case
Throckmartin v. Century 21 Top Realty, 2010 WY 23 (Wyo. 2010). “§ 33-28-305(b)@M(H). The Throckmartins received and signed for a copy of the sellers' disclosure statement which revealed there were problems with the home's foundation.”
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