Under California Civil Code § 2079.13(f), a licensee becomes the 'seller's agent' - the role long called the listing agent - by obtaining a listing of real property to act as an agent for compensation. With which party must that listing agreement be made?
Correct Answer
A) The owner of the property offered for sale
A listing is an employment contract between the property owner and a broker: the owner engages the broker to find a buyer, and that engagement is what makes the broker the seller's agent under Civil Code § 2079.13(f). A salesperson's agreement with an employing broker is an employment arrangement rather than a listing, and the listing itself belongs to the broker. Agreements with cooperating brokers or with buyers create different relationships and cannot supply seller's-agent status. Note that the current statute calls the role seller's agent; the term 'listing agent' was removed in 2019.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.
A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.
The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.
More Laws Of Agency Fiduciary Duties Questions
Under California law, the agency disclosure requirements apply to which types of property?
Under California law, when must a buyer's agent give the agency disclosure form to the buyer?
A broker who fails to promptly disclose their dual agency status is subject to:
A broker’s fiduciary obligation to protect a seller’s confidential information continues:
A broker has an exclusive agency listing on a property. If the owner sells the property, the broker is entitled to:
- → Under California Business and Professions Code §10140.6, what must a licensee disclose on solicitation materials intended to be the first point of contact with consumers, such as a business card or an open house sign?
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- → Broker Chuck listed a duplex for sale from a corporate owner. After entering into the listing, the officers of the corporation die in a plane crash. What happens to the listing?
- → A listing broker sells an office building to a syndicate of which the broker is a member without informing the seller of this interest. Before closing, the seller discovers the broker’s interest and refuses to sell. What would happen in a civil suit to collect a commission?
- → A California real estate salesperson leaves one brokerage and is retained by another. Who reports the change to the Department of Real Estate, and by when?
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- → The creation of a valid agency relationship between a principal and an agent requires:
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- → Seller Sally lists her property with Agent Fred and receives an offer. Agent Fred convinces Seller Sally to accept the offer by verbally promising her he will find her an ideal replacement home before the close of escrow. Agent Fred is unable to find an acceptable replacement home for Seller Sally before the close of escrow. Which of the following is most correct?
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A seller's exclusive right to sell listing contains a safety clause, also called a protection or extender clause. What does that provision do?
Next Question
A California buyer contacts a listing agent directly at an open house and asks the agent to write an offer on the property. The buyer has not signed a buyer representation agreement with any agent. Under California law, who does the listing agent represent in this transaction?