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Laws Of Agency Fiduciary DutiesAgency_and_fiduciary_dutiesMEDIUM

A broker who simultaneously represents the best interests of both opposing parties in a transaction is known as a(n):

Correct Answer

B) dual agent.

a broker who simultaneously represents both the buyer and seller in the same transaction is, by definition, a dual agent, a term codified in California Civil Code Section 2079.13(d), which defines a dual agent as 'a licensee acting as an agent for both the seller and the buyer in a real property transaction.' California's Agency Disclosure Law (Civil Code Sections 2079–2079.24) requires that dual agency be disclosed in writing and that both parties provide informed written consent before the transaction proceeds. Without this disclosure and consent, dual agency constitutes a serious breach of fiduciary duty and can expose the broker to license revocation and civil liability.

Answer Options
A
finder.
B
dual agent.
C
subagent.
D
unlawful agent.
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Related Topics & Key Terms

Related Topics:

fiduciary-dutiesagency-disclosure-requirementsdual-agency-disclosure

Key Terms:

dual agencyfiduciary dutyagency disclosureCalifornia Civil Code 2079conflict of interest
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