Key Takeaways

  • Vermont recognizes designated agency and non-designated agency brokerage practices
  • In designated agency, specific agents are appointed to represent each party with full fiduciary duties
  • In non-designated agency, the duty of loyalty is shared by all agents of the firm
  • A firm may not act as agent for both seller and buyer in the same transaction without informed written consent
  • All licensees owe duties of honesty and material fact disclosure to ALL parties
Last updated: January 2026

Vermont Agency Relationships

Vermont law defines the types of agency relationships that real estate licensees may have with consumers.

Types of Agency Practices

Non-Designated Agency Brokerage

In a non-designated agency firm:

FeatureDescription
LoyaltyDuty of loyalty is shared by ALL agents of the firm
RepresentationNo single agent is specifically designated to represent a client
Conflict restrictionNo member of the firm may represent a buyer or seller whose interests conflict with existing clients

Key Characteristics:

  • The entire firm represents the client
  • All agents share the duty of loyalty
  • Firm cannot work with conflicting clients

Designated Agency Brokerage

In a designated agency firm:

FeatureDescription
AppointmentParticular agent(s) appointed to represent each client
LoyaltyDesignated agent(s) owe full duty of loyalty to their specific client
ConfidentialityDesignated agent must keep client's confidences
InstructionsMust act according to client's interests and lawful instructions

Key Characteristics:

  • Specific agents assigned to specific clients
  • Only designated agent owes loyalty to that client
  • Allows firm to represent both sides in same transaction (with different designated agents)

Important: The firm must choose one practice and follow it consistently.

Dual Agency (Limited Agency)

A real estate firm may not act as an agent for both a seller client and buyer client in the same transaction, except:

As a Limited Agent

RequirementDescription
Written consentInformed, written consent of ALL parties required
DisclosureFull disclosure of the dual relationship
LimitationsAgent cannot advocate for either party
NeutralityMust remain impartial

Warning: Dual agency significantly limits what an agent can do for either party.

Client vs. Customer

Understanding the distinction between clients and customers is essential:

Client

A client has an agency relationship with the licensee or firm:

Client ReceivesDescription
Fiduciary dutiesLoyalty, confidentiality, disclosure, obedience, accounting, care
AdvocacyAgent works to advance client's interests
RepresentationFull representation in negotiations

Customer

A customer does not have an agency relationship:

Customer ReceivesDescription
HonestyTruthful information
Material fact disclosureKnown material facts about property
Fair treatmentNo misrepresentation or fraud

Fiduciary Duties to Clients

Vermont agents owe these fiduciary duties to their clients:

The Six Fiduciary Duties

DutyDescription
LoyaltyPut client's interests above all others (except the law)
ObedienceFollow client's lawful instructions
DisclosureInform client of all material information
ConfidentialityKeep client's information private
AccountingAccount for all money and property
CareExercise reasonable skill and diligence

Memory Tip: Remember "OLD CAR" (Obedience, Loyalty, Disclosure, Confidentiality, Accounting, Reasonable care)

Duties to All Parties (Clients AND Customers)

Regardless of representation, Vermont agents must:

DutyApplies To
HonestyAll parties
Material fact disclosureAll parties
Fair treatmentAll parties
Accurate informationAll parties
Legal complianceAll parties
Account for fundsAll parties
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Vermont Agency Relationships
Test Your Knowledge

In a designated agency brokerage firm, who owes the duty of loyalty to a specific client?

A
B
C
D
Test Your Knowledge

Under what circumstances can a Vermont brokerage firm act as agent for both the seller and buyer in the same transaction?

A
B
C
D
Test Your Knowledge

In a non-designated agency brokerage firm, how is the duty of loyalty handled?

A
B
C
D