Salespersons cannot be liable for failing to inform purchasers that the property was a site of a murder, suicide, violent sexual assault or used for illegal drug activity. The seller of property is not liable for acts or omissions of the seller's agent unless the seller somehow participated. Sellers and buyers are not deemed to know what their respective brokers know. The Act did not change the basic regulatory system applicable to brokers. Brokers continue to be licensed by the Washington Department of Licensing.
Brokers are responsible for supervising salespersons.
The Act does not address some on-going problems for salespersons, including liability for drafting real estate agreements. Filling in form real estate agreements has been held to be the practice of law. The Washington Supreme Court has authorized this activity in limited situations by licensed salespersons, but the standard of care is that of a practicing attorney. Brokers can be exposed to legal malpractice or unauthorized practice of law claims if documents vary from clients' instructions or brokers exceed court-imposed limits on what documents they may prepare. Additionally, conflicts of interest and confidentiality will remain troublesome for brokers.