District of Columbia Real Estate Law

Agency Relationships

Agents may represent the buyer, the seller, or, with written consent, both parties.
Fiduciary duties — loyalty, confidentiality, full disclosure — apply to clients but not to customers.
Ask every agent to explain, in writing, who they represent before you share personal or financial details.

Sellers must disclose known material defects that affect the property's value or safety.
Federal law requires a lead-based paint disclosure for homes built before 1978.
Always review disclosures before removing inspection contingencies.

Real estate contracts must be in writing to be enforceable.
Review deadlines for inspection, financing, and closing carefully — missed dates can cost your earnest money.
You may hire an independent attorney to review any contract, even if the state does not require one.

Closings are typically handled by title companies. Attorneys are not required but are common.
DC has both a recordation tax (paid by buyer) and a transfer tax (paid by seller). Combined rates are among the highest in the country.
First-time DC homebuyers may qualify for a reduced recordation tax rate.
Property taxes are billed semi-annually and prorated at closing.
Confirm wire instructions by phone using a number you trust — wire fraud is the leading source of consumer loss in DC closings.

Since August 17, 2024, multiple-listing services (MLS) can no longer publish offers of buyer-agent compensation. Sellers may still choose to pay a buyer's agent, but it is now negotiated separately and disclosed off-MLS.
Buyers must sign a written representation agreement with their agent before touring a home. The agreement must state how the agent is paid and how much. Read it carefully — the fee is between you and your agent now, not automatically covered by the seller.
If you are buying, ask whether the seller is offering to pay your agent's commission, who else might pay it, and exactly what services are included.
If you are selling, you are no longer required to offer a buyer's agent commission. Your listing agent should explain the trade-offs of doing so anyway.

DC has one of the strongest rent control frameworks in the country, limited to buildings built before 1976 of five or more units.
Annual rent increases for covered units are capped at CPI plus a small percentage.
Tenants have a statutory right of first refusal (TOPA) if the landlord decides to sell the building.
Evictions require a court order; self-help lockouts are illegal.

Educational information only. Not legal advice. Laws change; verify with the official sources above or consult a licensed attorney.