Agency Relationships in Minnesota
Minnesota recognizes several ways a licensee may work with consumers, including a distinctive non-agency facilitator role. This chapter explains the required agency disclosure, the recognized relationships, and dual agency.
Agency Disclosure Timing
Minnesota licensees must give consumers a written disclosure of the available agency relationships at the first substantive contact, before the consumer shares confidential negotiating information. The disclosure explains seller agency, buyer agency, dual agency, and the facilitator option so consumers can make an informed choice. The disclosure itself does not create an agency relationship.
Seller, Buyer, and Facilitator Roles
A seller's broker represents the seller and a buyer's broker represents the buyer, each owing fiduciary duties to their client. Minnesota also recognizes the facilitator: a licensee who assists the parties without representing either as an agent, owing honesty and disclosure of known material facts but not loyalty or advocacy. This non-agency role is a feature of Minnesota law that many other states do not use.
Dual Agency
A dual agent represents both the buyer and the seller in the same transaction. Minnesota permits dual agency only with the informed written consent of both parties, and the licensee must not reveal one party's confidential information, such as the highest price a buyer will pay, to the other. Consent is documented in the agency disclosure and the representation agreements.