Agency, Fiduciary Duties, and Brokerage Relationships
Who represents whom
Connecticut recognizes client-level representation of buyers, sellers, landlords, and tenants, plus customer-level service to consumers who are not represented. Agency arises from a written agreement - buyer and tenant representation agreements must be in writing to be enforceable - not from paying commission, from being shown a house, or from a friendly phone call. The Connecticut Agency Disclosure Notice must be delivered in writing at the first meeting and before confidential information is shared, and it explains the lawful agency options.
The fiduciary core
Six duties appear constantly in questions: obedience (within lawful instructions), loyalty, disclosure of material facts, confidentiality, accounting for money and documents, and reasonable care and skill. Confidentiality survives the transaction. A licensee also owes all parties honesty and fair dealing, disclosure of known material defects, and compliance with fair housing law.
Dual and designated agency
Connecticut permits dual agency only with the informed written consent of all parties; the consent must be obtained, not implied. Designated agency lets the brokerage designate one licensee to represent the buyer and another to represent the seller - the brokerage is a dual agent, but the individual licensees are not, and each still protects its own client's confidences.
Traps
Assuming dual agency is automatic when two agents work in one office; assuming a "transaction broker" non-agency status exists in Connecticut (it does not - a licensee always works within an agency framework); assuming the commission payer controls the relationship; assuming customer status means no duties at all.
Rule of thumb: same brokerage on both sides = dual agency at the brokerage level; get written consent, and never trade one client's bargaining position for the other's.