12 questions

Wyoming Brokerage Relationships

Under Wyoming's brokerage-relationships law, until a written agency agreement is signed, a licensee working with a consumer is presumed to be:

  • a.A dual agent for both parties
  • b.Working with the consumer as a customer, not as the consumer's agent
  • c.The consumer's fiduciary agent
  • d.An attorney-in-fact for the consumer

Wyoming law presumes a licensee is working with a consumer as a customer, not as that consumer's agent, until a written agency agreement is signed. This distinctive rule is explained in the required written brokerage disclosure the licensee must give at the first reasonable opportunity.

Wyoming Brokerage Relationships

In Wyoming, a licensee who assists both the buyer and the seller in a transaction without being the agent of either party is acting as:

  • a.A designated agent
  • b.An intermediary
  • c.A subagent
  • d.A dual agent

Wyoming recognizes the intermediary, who assists both parties in a transaction without being the agent of either. This differs from a dual agent, who represents both the buyer and the seller and may act only with the written consent of both parties, without disclosing one party's confidential information to the other.

Wyoming Brokerage Relationships

A Wyoming licensee engaged as an intermediary must disclose to the parties that the intermediary:

  • a.represents whichever party first signed with the brokerage
  • b.owes no fiduciary duty to either party and may not negotiate on behalf of either one
  • c.owes the same duties as a buyer's agent to both parties
  • d.becomes a dual agent once both parties sign a consent

The required disclosure also tells the parties that the intermediary may have to reveal information learned about a property, and may be barred from revealing information about the other party that could materially affect negotiations. Cite: Wyo. Stat. §33-28-305(a), (b)(ii)(K).

Wyoming Brokerage Relationships

A Wyoming intermediary may cooperate with other responsible brokers but:

  • a.shall not show competing properties
  • b.shall not accept compensation from the seller
  • c.shall not engage any subagents
  • d.shall not close the transaction

An intermediary may show alternative properties not owned by the seller, list competing properties, and show a buyer's properties of interest to other buyers without breaching any obligation. Cite: Wyo. Stat. §33-28-305(f)-(g).

Wyoming Brokerage Relationships

Under Wyoming's broker relationships article, dual agency is:

  • a.prohibited; a licensee shall not establish dual agency with any seller or buyer
  • b.permitted with the written consent of both parties
  • c.permitted only in commercial transactions
  • d.permitted if a separate designated licensee serves each side

A licensee may serve as agent for the seller with the buyer as a customer, or as agent for the buyer with the seller as a customer, but not as agent for both. A licensee may be designated to act as an intermediary for both parties. Cite: Wyo. Stat. §33-28-302(k), (o).

Wyoming Brokerage Relationships

In Wyoming, the relationship between a licensee and a party to a transaction is a customer relationship:

  • a.unless the party pays some part of the licensee's compensation at closing
  • b.until the party makes a written offer on a property
  • c.only while the party remains unrepresented by any brokerage
  • d.unless a written agreement establishes agency or intermediary status

The statute adds that a licensee owes no duty of confidentiality to a customer, and that when one party has a written listing agreement, another licensee may work with the other party as a customer. Cite: Wyo. Stat. §33-28-302(p).

Wyoming Brokerage Relationships

Wyoming's written relationship disclosure must include a statement that a customer shall not:

  • a.be shown property listed by the licensee's own company
  • b.be given an estimate of closing costs before an offer
  • c.be required to sign a written agency agreement to view or tour real estate during showings
  • d.be asked for proof of financing before a showing

The 2026 amendment also broadened the definition of "customer" to include a person who has expressed an interest in buying, selling or leasing real estate or who attends a showing without any agency relationship. Cite: Wyo. Stat. §33-28-306(a)(vii); §33-28-102(b)(xiii), as amended by 2026 Wyo. Sess. Laws ch. 50 (SF0105, effective July 1, 2026).

Wyoming Brokerage Relationships

Wyoming's relationship disclosure must be printed in a font size of:

  • a.8 point or greater
  • b.12 point or larger
  • c.10 point or greater
  • d.14 point or greater

The disclosure also needs a signature line for the buyer or seller to acknowledge receipt, and the acknowledgment by itself is not a contract with the licensee. Cite: Wyo. Stat. §33-28-309; §33-28-306(b).

Wyoming Brokerage Relationships

In Wyoming, the fact that a party pays a responsible broker's compensation:

  • a.establishes an agency relationship with the paying party
  • b.makes the paying party vicariously liable for the broker's acts
  • c.converts the relationship into an intermediary relationship by operation of law
  • d.does not establish an agency or intermediary relationship with that party

Compensation may come from the seller, the buyer, a third party, or a split between responsible brokers, and a broker may be paid by more than one party where all have consented in writing before the parties contract to buy or sell. Cite: Wyo. Stat. §33-28-308(a)-(b), (g).

Wyoming Brokerage Relationships

A Wyoming licensee acting as an agent in an in-house transaction may instead act as an intermediary to both parties when:

  • a.both parties execute a written consent at the earliest opportunity
  • b.the licensee's responsible broker approves the change in writing in advance of it
  • c.the licensee gives oral notice to both parties
  • d.the commission grants a written waiver

The written consent must contain a conspicuous statement of the duties and obligations that would no longer be owed once the licensee becomes an intermediary. Cite: Wyo. Stat. §33-28-307(a)(ii).

Wyoming Brokerage Relationships

A Wyoming licensee may act as a subagent only under:

  • a.an oral offer of subagency published through the multiple listing service
  • b.the buyer's written consent to be treated as a customer
  • c.a written seller agreement authorizing an offer of subagency
  • d.a commission rule that presumes subagency in cooperative sales

A subagent then carries the same obligations and responsibilities the statute imposes on the seller's agent. Cite: Wyo. Stat. §33-28-302(c); §33-28-303(f)-(g).

Wyoming Brokerage Relationships

A Wyoming responsible broker who is personally representing a buyer or seller in an in-house transaction must immediately appoint a transaction manager unless:

  • a.the other licensee in the transaction is an associate broker
  • b.the transaction involves unimproved land
  • c.both parties waive supervision in writing
  • d.the other licensee works from a different branch office

A transaction manager is designated in writing, is not involved in the transaction, and has the duties of an intermediary while supervising it. Simultaneous designations do not create dual agency. Cite: Wyo. Stat. §33-28-302(h)-(j); §33-28-102(b)(lx).

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