Agency Relationships in Utah
Utah requires an agency disclosure and recognizes seller and buyer agency along with limited agency for representing both parties. This chapter explains the disclosure and the duties owed to clients.
Agency Disclosure
Utah licensees must disclose the agency relationship to the parties, and buyers and sellers commonly acknowledge the brokerage's role before entering into representation. The disclosure clarifies whether the licensee represents the seller, represents the buyer, or acts as a limited agent, so consumers understand who is advocating for them.
Seller and Buyer Agency Duties
A licensee who represents a seller or a buyer owes that client fiduciary duties including loyalty, confidentiality, obedience to lawful instructions, full disclosure, accounting, and reasonable care. To the other party the licensee still owes honesty and fair dealing and must disclose known material defects in the property. These duties continue throughout the transaction.
Limited Agency
When a principal broker's brokerage represents both the buyer and the seller in the same transaction, Utah treats this as limited agency, which requires the informed written consent of both parties. A limited agent must remain neutral on price and terms and may not disclose one party's confidential information to the other. The principal broker may appoint different affiliated agents to work with each party.