Key Takeaways

  • Michigan requires written agency disclosure to all parties before substantive discussions about specific properties
  • An agency disclosure statement must explain the different types of agency relationships available
  • Michigan recognizes seller agency, buyer agency, dual agency, and transaction coordination
  • A written agency agreement is required to establish a client relationship with fiduciary duties
  • Licensees owe honesty and fair dealing to all parties, whether clients or customers
Last updated: January 2026

Michigan Agency Relationships

Important: This content covers Michigan-specific agency law. You should complete the National Real Estate Exam Prep first, as agency concepts are also tested on the national portion.

Michigan law requires real estate licensees to disclose and establish agency relationships clearly with all parties to a transaction.

Agency Disclosure Requirements

When to Disclose

Agency disclosure must be provided before substantive discussions about:

  • Specific properties
  • Client's needs and motivation
  • Financial qualifications
  • Terms of potential transactions

Agency Disclosure Statement

Michigan requires licensees to provide a written agency disclosure that explains:

ElementDescription
Types of relationshipsSeller agency, buyer agency, dual agency
Duties owedFiduciary duties to clients, duties to customers
How agency is createdWritten agreement required
Compensation disclosureHow agents are paid

Types of Agency Relationships

Seller Agency

The licensee represents the seller's interests:

  • Owes fiduciary duties to seller
  • Must disclose material facts to buyer
  • Promotes seller's best interests
  • Keeps seller's confidential information private

Buyer Agency

The licensee represents the buyer's interests:

  • Owes fiduciary duties to buyer
  • Advocates for buyer in negotiations
  • Assists buyer in finding suitable properties
  • Keeps buyer's confidential information private

Dual Agency

The licensee represents both parties:

  • Requires informed written consent from both parties
  • Limited advocacy for either party
  • Cannot disclose confidential information to either party
  • Must treat both parties fairly and honestly

Creating Agency Relationships

Written Agreement Required

In Michigan, a written agency agreement is required to establish a client relationship with fiduciary duties. This applies to:

  • Listing agreements (seller agency)
  • Buyer representation agreements (buyer agency)
  • Dual agency consent forms

Required Elements of Agency Agreements

ElementDescription
PartiesNames of broker and client
Property descriptionType or specific property
DurationStart and end dates
CompensationCommission terms
ServicesWhat broker will provide
DutiesFiduciary duties explained

Duties to Clients vs. Customers

Duties to Clients (Fiduciary)

When you have an agency relationship:

  1. Loyalty - Put client's interests first
  2. Obedience - Follow lawful instructions
  3. Disclosure - Reveal all material facts
  4. Confidentiality - Protect private information
  5. Accounting - Handle funds properly
  6. Reasonable Care - Act competently

Duties to Customers

When dealing with non-clients:

  • Honesty - Do not lie or deceive
  • Fair dealing - Treat fairly in all interactions
  • Material facts - Disclose known material facts about property condition
  • Accurate information - Provide truthful answers to questions

Key Point: Even without an agency relationship, you owe duties of honesty and fair dealing to all parties.

Transaction Coordination

Michigan allows for transaction coordination (sometimes called transaction brokerage):

  • No fiduciary duties to either party
  • Facilitates the transaction
  • Must disclose this role clearly
  • Both parties are customers
  • Cannot advocate for either party
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Michigan Agency Relationships
Test Your Knowledge

When must a Michigan real estate licensee provide agency disclosure?

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Test Your Knowledge

What is required in Michigan to establish a client relationship with fiduciary duties?

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