Key Takeaways
- Minnesota recognizes seller agency, buyer agency, dual agency, and facilitator (transaction broker)
- Agency disclosure is required at first substantive contact
- Dual agency requires written informed consent from both parties
- Facilitator status allows no agency to either party
- Minnesota requires written disclosure of agency relationship before any offers
Last updated: January 2026
Agency Relationships in Minnesota
Understanding Minnesota agency law is essential for the state exam.
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Types of Agency Relationships
Seller's Agent (Listing Agent)
| Duty | Description |
|---|---|
| Fiduciary to | Seller only |
| Loyalty | Put seller's interests first |
| Disclosure | Material facts to seller |
| Confidentiality | Protect seller's information |
| Obedience | Follow lawful instructions |
Buyer's Agent
| Duty | Description |
|---|---|
| Fiduciary to | Buyer only |
| Loyalty | Put buyer's interests first |
| Disclosure | Material facts to buyer |
| Confidentiality | Protect buyer's information |
| Negotiation | Advocate for buyer |
Dual Agency
| Requirement | Details |
|---|---|
| Both parties consent | Written informed consent |
| Limitations | Cannot advocate for either |
| Confidentiality | Cannot share secrets |
| Neutrality | Must treat both fairly |
| Disclosure | Written disclosure required |
Facilitator (Transaction Broker)
Minnesota alternative to agency:
| Feature | Description |
|---|---|
| No agency | Not representing either party |
| Neutral | Assists both parties equally |
| No fiduciary | Limited duties |
| Common | In dual situations |
Agency Disclosure Requirements
When to Disclose
| Timing | Requirement |
|---|---|
| First substantive contact | Must provide disclosure |
| Before showing | Buyer must know |
| Before listing | Seller must know |
| Before any offer | Written disclosure required |
What is "Substantive Contact"?
| Substantive | Not Substantive |
|---|---|
| Discussing specific property | Providing general market info |
| Showing property | Giving directions |
| Discussing price/terms | Answering basic questions |
| Taking listing | Website inquiries |
Disclosure Form
| Requirement | Details |
|---|---|
| Written form | Agency disclosure |
| Signature | Consumer acknowledgment |
| Copy | Provide to consumer |
| Retain | Keep in file |
Facilitator Duties
When acting as a Facilitator:
| Must Do | Cannot Do |
|---|---|
| Be honest with all parties | Advocate for either party |
| Present all offers | Disclose confidential info |
| Account for funds | Give opinions favoring one |
| Disclose material facts | Negotiate for one party |
| Follow lawful instructions | Provide fiduciary duties |
Note: Facilitator status must be disclosed and agreed to in writing.
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Test Your Knowledge
What is a facilitator in Minnesota real estate?
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Test Your Knowledge
When must agency disclosure be provided in Minnesota?
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