What Should I Tell a Listing Agent (and Keep Private) When I Make an Offer in King or Snohomish County? (October 2026)
When you make an offer in King or Snohomish County, the listing agent works for the seller. That doesn’t make them your opponent, but it does mean anything you say can be used to get the seller a better deal. The rule is simple: share what makes your offer easy to accept, and keep private anything that tells the seller you’d pay more or wait longer. This guide covers what to say, what to hold back, and how the standard Washington offer forms (NWMLS Forms 41, 35E, 35, and 17) fit in. Market figures are NWMLS September 2026 county data and Freddie Mac’s October 8, 2026 average rate. Written by Peter J Kim and John Kim of Odigo Real Estate Club, 25+ years combined experience. General education, not legal or lending advice.
Who works for whom under Washington law
| Role | What the law says | What it means for you |
|---|---|---|
| Seller’s agent (RCW 18.86.040) | Loyal to the seller; takes no action adverse to the seller; keeps the seller’s confidential information private | Anything you volunteer can help the seller |
| Every broker (RCW 18.86.030) | Must use reasonable skill and care, deal honestly and in good faith, and disclose known material facts about the property that aren’t readily ascertainable | Ask the listing agent direct questions about the house |
| Buyer’s agent (RCW 18.86.050) | Loyal to the buyer; may not disclose the buyer’s confidential information, even after the relationship ends | Tell your own agent your real budget, ceiling, and deadlines |
| Limited dual agent (RCW 18.86.060) | Needs written consent from both sides; may not advocate terms favorable to one party to the detriment of the other | Nobody is pushing only for you on price and terms |
Your buyer agreement and how your agent gets paid
Since January 1, 2024, Washington requires a written services agreement between you and your brokerage. For buyers the default term is 60 days unless you pick a longer one, and you choose exclusive or nonexclusive representation (RCW 18.86.020). In NWMLS markets the standard form is Form 41, the Buyer Brokerage Services Agreement. RCW 18.86.080 says the agreement must spell out compensation, and that compensation can be paid by the seller, the buyer, a third party, or shared between firms. In practice, your offer can ask the seller to pay some or all of your agent’s compensation. Settle that with your own agent before you write, and treat it as one more term in the offer, not something to improvise with the listing agent.
The market you’re offering into (NWMLS, September 2026)
| County (all residential + condo) | Median closed price (YoY) | Active listings (YoY) | Pending sales (YoY) | Closed sales (YoY) | Months of inventory |
|---|---|---|---|---|---|
| King | $850,000 (0.0%) | 8,058 (+31.1%) | 2,072 (−16.7%) | 1,714 (−12.2%) | 4.70 |
| Snohomish | $720,000 (−0.4%) | 2,967 (+44.2%) | 819 (−17.0%) | 771 (−8.9%) | 3.85 |
More listings and fewer pending sales mean buyers have more room than a year ago in both counties, though fresh, well-priced homes can still draw several offers. Freddie Mac’s 30-year fixed average was 7.40% for the week of October 8, 2026, up from 7.28% the week before. County medians are backdrop, not a value for any address, so ask your agent for recent NWMLS comps on the specific home.
What to tell the listing agent
- A pre-approval letter written for this offer’s price. A letter for far more than you’re offering tells the seller you have room.
- Your lender’s name and phone number. Listing agents often call lenders to judge how solid a buyer is.
- Your earnest money amount and how quickly it will be deposited.
- Closing-date flexibility, and whether you can offer a short rent-back if the seller needs time to move.
- Your inspection plan: pre-inspected, a shorter inspection period, or a standard contingency.
- Your loan type and down payment in general terms (conventional, jumbo, 20%+ down) when it strengthens the offer.
- Questions: “What matters most to the seller: price, timing, or certainty?” “Is there an offer review date?” “Is there a pre-inspection or anything known that isn’t in the disclosure?”
What to keep private
- Your maximum price, or anything like “we have room” or “we can go higher.”
- Your income, title, bonus timing, or equity details. Your lender needs these. The seller doesn’t.
- Deadlines: a job start date, an expiring lease, or a relocation package running out.
- Emotional attachment, such as calling it your dream home.
- How many homes you’ve lost or how long you’ve been looking.
- Remodel plans that suggest you’d overlook condition issues.
- What you’d waive before you’re asked in writing.
Assume anything you say at an open house, in a text, or by email can reach the seller. The easiest fix is to let your own agent handle the conversation.
Offer review dates
Some listings set a date when the seller will review all offers. It is a marketing choice by the seller, not a legal requirement, and the seller can accept a strong offer before that date if they choose. Ask the listing agent whether there is a review date and whether the seller will consider offers before it. Every broker must present written offers to the seller on time (RCW 18.86.030).
Escalation clauses (NWMLS Form 35E)
An escalation addendum says you’ll beat a qualifying competing offer by a set amount, up to a maximum price. Two things to know:
- If it’s triggered, the seller sees your cap. Pick a number you would actually pay.
- Expect proof. The NWMLS form ties the seller’s acceptance to a copy of the competing offer used to escalate your price. Talk with your agent about how the escalation interacts with the appraisal.
Illustration only: list price $1,250,000, base offer $1,250,000, escalate $5,000 over any competing offer up to $1,310,000. If a $1,290,000 offer comes in, your price becomes $1,295,000. On a home that has sat for weeks or taken a price cut, a clean offer without escalation may serve you better.
Appraisal gaps: decide your number before you write
For conventional purchase loans, Fannie Mae’s Selling Guide (B2-1.2-01) figures loan-to-value on the lower of the sales price or the appraised value. If your price is above the appraisal, the difference usually comes from your cash or a renegotiation.
| Illustration | Price $1,300,000, appraisal $1,300,000 | Price $1,300,000, appraisal $1,250,000 |
|---|---|---|
| Value used for loan-to-value | $1,300,000 | $1,250,000 |
| 80% loan | $1,040,000 | $1,000,000 |
| Cash needed before closing costs | about $260,000 | about $300,000 (+$40,000) |
This ignores closing costs, loan limits, and mortgage insurance, so have your lender run your real numbers. Tell your own agent and lender how much gap you could cover. Don’t tell the listing agent “we can cover any gap.”
Inspection (NWMLS Form 35)
- Standard contingency: Form 35 gives you an inspection period, 10 days after mutual acceptance if left blank, to approve, terminate, request specialist inspections, or propose repairs. With inventory up in both counties, keeping it is often reasonable.
- Pre-inspection: on a home likely to get several offers, inspecting before you write lets you offer cleaner terms. You pay for it even if you lose.
- Seller’s inspection report: useful, but the seller ordered it. Consider your own inspector for the roof, sewer line, moisture, and electrical.
Seller disclosure (Form 17)
Unless you waive it, RCW 64.06.030 requires the seller to deliver a signed disclosure statement (NWMLS Form 17 for improved residential property) within five business days of mutual acceptance, or as agreed. You then have three business days, or as agreed, to approve it or rescind in writing and get your deposits back. Know whether that right applies before you agree to waive it.
Earnest money: what’s really at risk
A larger deposit signals commitment. Under RCW 64.04.005, when the contract makes forfeiting earnest money the seller’s sole and exclusive remedy, the forfeited amount can’t exceed 5% of the purchase price. Your real protection is the contingencies you keep, such as financing, inspection, title, disclosure review, and HOA documents, because earnest money is generally returned when you end the deal under one of them. Confirm specifics with your agent and, if needed, a Washington real estate attorney.
A short script for the listing-agent call
- “My clients are pre-approved with a local lender and ready to write. What would make an offer stand out to the seller?”
- “Is there an offer review date? Has a pre-inspection been done?”
- “Would a rent-back or a specific closing date help the seller?”
- “Anything known about the roof, sewer, or moisture beyond the disclosure?”
- Never share your ceiling, income, or deadline.
If school assignment matters to you, confirm it for the exact address with the school district, and see the OSPI Washington State Report Card for official school information.
FAQ
What should I tell a listing agent when I make an offer in King or Snohomish County?
Share the facts that make your offer easy to accept: a pre-approval letter written for this offer’s price, your lender’s contact, your earnest money amount, your closing-date flexibility, your inspection plan, and whether you can offer the seller a short rent-back. Ask what terms matter most to the seller. Keep your maximum price, your income, your move deadline, and how much you love the house between you and your own agent.
Should I tell the listing agent my maximum price?
No. Under RCW 18.86.040, a seller’s agent must be loyal to the seller and take no action adverse to the seller’s interest. Your top number helps the seller, not you. Let your written offer, and an escalation cap if you use one, carry your price.
Does the listing agent have to keep what I tell them confidential?
No. The seller’s agent’s confidentiality duty protects the seller’s information (RCW 18.86.040). Every broker must deal honestly and in good faith and disclose known material facts about the property (RCW 18.86.030), but only your own buyer’s agent must keep your confidential information private, even after the relationship ends (RCW 18.86.050).
Should I use an escalation clause in King or Snohomish County right now?
Only on a home that is drawing multiple offers. NWMLS September 2026 figures show active listings up 31% in King County and 44% in Snohomish County from a year earlier, with pending sales down about 17% in both, so many sellers are not seeing bidding wars. In Washington the escalation addendum is NWMLS Form 35E. If it is triggered, the seller sees your cap, so set a cap you would truly pay and expect a copy of the competing offer.
What is an appraisal gap and how much cash could I need?
An appraisal gap is the difference between your contract price and a lower appraised value. For conventional purchase loans, Fannie Mae figures loan-to-value on the lower of the sales price or the appraised value. Illustration only: on a $1,300,000 price that appraises at $1,250,000, an 80% loan drops from $1,040,000 to $1,000,000, so cash needed before closing costs rises from about $260,000 to about $300,000.
How does the inspection contingency work in Washington?
Most offers use NWMLS Form 35, the Inspection Addendum. It gives you an inspection period (10 days after mutual acceptance if the blank is left empty) to approve, terminate, request more inspections, or propose repairs. On a home likely to get several offers, some buyers pre-inspect before writing instead. Waiving inspection with no inspection at all is the riskiest choice.
How long do I have to review the seller disclosure (Form 17)?
Unless you waived it, RCW 64.06.030 requires the seller to deliver the disclosure statement (NWMLS Form 17 for improved residential property) within five business days of mutual acceptance, or as agreed. You then have three business days, or as agreed, to approve it or rescind in writing and get your deposits back.
How much earnest money can I lose in Washington if I back out?
If the purchase agreement makes forfeiting earnest money the seller’s sole and exclusive remedy, RCW 64.04.005 caps the forfeited amount at 5% of the purchase price. Earnest money is generally returned when you end the deal under a contingency you kept, so your contingencies are your real protection. Confirm details with your agent and a Washington real estate attorney.
Do I need a written agreement with my buyer’s agent, and who pays them?
Yes. Since January 1, 2024, Washington requires a written services agreement between a buyer and their brokerage, with a default term of 60 days unless you choose longer (RCW 18.86.020). NWMLS Form 41 is the standard buyer brokerage agreement. Under RCW 18.86.080 it must state the compensation, and that compensation can be paid by the seller, the buyer, a third party, or shared, so you can ask the seller to pay some or all of it in your offer.
Should I go directly to the listing agent to get a better deal?
Be careful. If the listing broker also represents you, they become a limited dual agent. That requires your separately initialed written consent, and a limited dual agent may not advocate terms favorable to one party to the detriment of the other (RCW 18.86.020 and 18.86.060). You give up a negotiator who works only for you.
Next step
Before your next offer, bring the listing address, your pre-approval, your real ceiling, your timeline, and how much appraisal gap you could cover. We’ll help you decide what to share, what to hold back, and which terms matter to this seller. Call or text (425) 409-3823, or start at odigoclub.com/contact. For tech-employee resources, see odigotechpackage.com.
Sources
- Freddie Mac Primary Mortgage Market Survey, week of October 8, 2026 (retrieved October 12, 2026)
- NWMLS County Recaps, September 2026 (King and Snohomish)
- RCW 18.86.020, Agency relationship and services agreement
- RCW 18.86.030, Duties of a broker
- RCW 18.86.040, Seller’s agent duties
- RCW 18.86.050, Buyer’s agent duties
- RCW 18.86.060, Limited dual agent
- RCW 18.86.080, Compensation
- RCW 64.04.005, Earnest money and liquidated damages
- RCW 64.06.030, Seller disclosure statement delivery and buyer options
- Fannie Mae Selling Guide B2-1.2-01, Loan-to-Value Ratios
- NWMLS Forms 41 (Buyer Brokerage Services Agreement), 35E (Escalation Addendum), 35 (Inspection Addendum), and 17 (Seller Disclosure Statement); ask your broker for the current revision
- OSPI Washington State Report Card
Odigo Real Estate Club · REAL Brokerage · 16108 Ash Way, Suite 201, Lynnwood, WA 98087 · (425) 409-3823 · Monday–Saturday 9 AM–6 PM, closed Sunday. Equal Housing Opportunity. General education, not legal, tax, or lending advice.