CO Real Estate study materials
CO Real Estate study resources

CO Real Estate: Brokerage Relationships and Agency

CO Real Estate · Work through your exam, one topic at a time.

All guide sections

Brokerage Relationships and Agency

Two structures, one default

Colorado recognizes single agency (seller/landlord agent or buyer/tenant agent) and transaction-brokerage. Transaction-broker is the default: a licensee working with a buyer without a signed single-agency agreement is a transaction-broker, not the buyer's advocate. Single agency requires a written agreement. Colorado also permits designated brokerage - two licensees in the same firm each acting as a single agent for different parties - only with written informed consent.

Written disclosure of the working relationship must be made at the earliest practicable opportunity and before the parties sign a contract.

Duties

Single agents owe loyalty, obedience, disclosure, confidentiality, accounting, reasonable care, and advocacy. Transaction-brokers owe honesty, reasonable care, accounting, and disclosure of known adverse material facts - but not loyalty or advocacy. Neither role permits concealment of defects from either side, and confidential information (a seller's bottom line, a buyer's maximum) may not be spread around without consent.

Traps:

  • Assuming the agent showing the house represents the buyer.
  • Believing a transaction-broker may stay silent about a known foundation problem - adverse material facts go to both sides.
  • Switching from transaction-broker to single agent mid-transaction without a new written agreement.
  • Forgetting that dual single agency without designation is not allowed.

Worked rule: a buyer calls the listing agent directly. Unless a single-agency agreement is signed, that agent remains a transaction-broker and must treat both sides evenhandedly - no coaching the buyer on how low the seller will go. The signed disclosure should be delivered before any offer is written.