Key Takeaways

  • Single agency in Colorado requires a written agreement (listing or buyer agency contract)
  • Single agents owe full fiduciary duties: loyalty, obedience, disclosure, confidentiality, accounting, and reasonable care
  • Seller's agents must disclose adverse material facts to buyers even while representing sellers
  • Buyer's agents must present all offers but advocate for buyer's best interests
  • Commission-approved contracts create single agency relationships
Last updated: January 2026

Single Agency Relationships in Colorado

Single agency occurs when a broker represents only one party in a transaction and owes that party full fiduciary duties.

Creating Single Agency

Seller's Agency

Created by the Exclusive Right-to-Sell Listing Contract:

Contract ElementDescription
PartiesSeller and Brokerage
PropertyLegal description
DurationStart and end dates
CommissionAgreed compensation
MarketingAuthorized activities
DutiesBroker obligations to seller

Buyer's Agency

Created by the Exclusive Right-to-Buy Contract:

Contract ElementDescription
PartiesBuyer and Brokerage
Property TypeWhat buyer is seeking
DurationStart and end dates
CompensationHow broker is paid
Geographic AreaWhere buyer is looking
DutiesBroker obligations to buyer

Fiduciary Duties in Single Agency

Single agents owe clients full fiduciary duties (remember "OLD CAR"):

DutyDescription
ObedienceFollow lawful instructions
LoyaltyPut client's interests first
DisclosureReveal all material facts
ConfidentialityProtect private information
AccountingHandle funds properly
Reasonable CareAct competently

Exam Tip: Even while owing fiduciary duties to their client, agents must still be honest with ALL parties and disclose adverse material facts about property condition.

Seller's Agent Specific Duties

A seller's agent must:

Duties to Seller (Client)

  • Market property effectively
  • Present all offers promptly
  • Advise on pricing and negotiation strategy
  • Protect seller's confidential information
  • Disclose buyer's negotiation position (if known)

Duties to Buyers (Not Client)

  • Deal honestly and not deceive
  • Disclose adverse material facts about property
  • Account for any deposits received
  • Cannot reveal seller's confidential information

What Seller's Agent Cannot Disclose to Buyer

  • Seller's lowest acceptable price
  • Seller's motivation to sell
  • Seller's financial situation
  • Any fact that could harm seller's negotiation position

Buyer's Agent Specific Duties

A buyer's agent must:

Duties to Buyer (Client)

  • Help locate suitable properties
  • Research property information
  • Present all offers as instructed
  • Advise on negotiation strategy
  • Protect buyer's confidential information

Duties to Sellers (Not Client)

  • Deal honestly and not deceive
  • Present offers promptly
  • Account for deposits
  • Cannot reveal buyer's confidential information

What Buyer's Agent Cannot Disclose to Seller

  • Buyer's highest offering price
  • Buyer's motivation to purchase
  • Buyer's financial capability beyond what's needed for offer
  • Any fact that could harm buyer's negotiation position

In-House Transactions

When the same brokerage represents both parties:

OptionDescription
Designated BrokerageDifferent brokers assigned to each party
Transaction-BrokerageBecome transaction-broker for both
Release One PartyRefer one party to different brokerage

Note: Colorado allows designated brokerage where different brokers within the same company represent each party with full fiduciary duties.

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Single Agency Fiduciary Duties - OLD CAR
Test Your Knowledge

Which Colorado contract creates a seller's agency relationship?

A
B
C
D
Test Your Knowledge

A seller's agent learns the buyer will pay more than the listed price. What should the agent do?

A
B
C
D