Key Takeaways

  • Alaska recognizes seller agency, buyer agency, dual agency, and designated agency
  • Agency relationships must be disclosed in writing to all parties
  • Dual agency requires informed written consent from both parties before becoming binding
  • Designated agency allows different licensees within the same brokerage to represent opposing parties
  • All licensees owe duties of honesty and fair dealing to all parties, regardless of representation
Last updated: January 2026

Alaska Agency Relationships

Alaska law defines the types of agency relationships that real estate licensees may have with consumers under AS 08.88 and 12 AAC 64.

Types of Agency Relationships

Seller Agency (Listing Agent)

A seller's agent is a licensee who represents the seller:

AspectDetails
ClientSeller
Primary dutyPromote seller's interests
CompensationUsually from seller
AuthorityPer listing agreement

Seller agent duties include:

  • Loyalty to the seller
  • Confidentiality of seller's information
  • Full disclosure of material facts to seller
  • Obedience to lawful instructions
  • Accounting for all funds
  • Reasonable care and diligence

Buyer Agency

A buyer's agent is a licensee who represents the buyer:

AspectDetails
ClientBuyer
Primary dutyPromote buyer's interests
CompensationMay be from buyer, seller, or split
AuthorityPer buyer agency agreement

Buyer agent duties include:

  • Loyalty to the buyer
  • Confidentiality of buyer's information
  • Full disclosure of material facts to buyer
  • Assistance in property search and negotiation
  • Accounting for all funds
  • Reasonable care and diligence

Dual Agency

Dual agency occurs when a licensee or brokerage represents both the buyer and seller in the same transaction:

RequirementDescription
DisclosureMust disclose dual agency to both parties
Written consentBoth parties must consent in writing
TimingConsent required before transaction becomes binding
LimitationsCannot fully advocate for either party

Warning: Dual agency limits what an agent can do for either party. The agent must remain neutral and cannot negotiate on behalf of one party against the other.

Designated Agency

Designated agency allows a broker to designate different licensees within the brokerage to represent opposing parties:

FeatureDescription
How it worksBroker designates one agent for buyer, another for seller
BenefitEach party has their own dedicated representative
Broker roleBroker remains neutral, supervises both agents
DisclosureRequired to both parties

No Agency (Transactional Brokerage)

In some situations, a licensee may provide services without representing either party as an agent:

FeatureDescription
RoleFacilitator, not advocate
DutiesHonesty, fairness, disclosure of material facts
LimitationsCannot negotiate for either party
When usedWhen neither party wants representation

Duties to ALL Parties

Alaska law imposes certain duties on all licensees to all parties in a real estate transaction, regardless of who they represent:

Universal Duties

DutyDescription
HonestyDeal honestly and in good faith
Disclosure of material factsDisclose known material facts affecting property
Competent serviceProvide services with reasonable skill
Timely presentationPresent all offers promptly
AccountingAccount for all funds received

Material Fact Disclosure

Material facts that must be disclosed to all parties include:

  • Known physical defects
  • Environmental hazards
  • Legal issues (liens, easements, zoning)
  • Facts affecting value or desirability
  • Licensee's personal interest in transaction

Key Point: Even when representing only one party, you must be honest and disclose material facts to all parties.

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Alaska Agency Relationships
Test Your Knowledge

What type of agency allows different licensees within the same brokerage to represent opposing parties?

A
B
C
D
Test Your Knowledge

Which duty does an Alaska licensee owe to ALL parties in a transaction?

A
B
C
D