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?
Correct Answer
C) The seller, unless the listing agent agrees in writing to represent the buyer
Under California law, the listing agent has a fiduciary duty to the seller through the listing agreement. Simply helping a buyer write an offer does not create a buyer-agent relationship. The listing agent remains the seller's agent unless a separate written agreement establishes buyer representation or dual agency is properly disclosed and consented to.
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Under California Civil Code §2079.13, a 'listing agent' is defined as an agent who has entered into a written contract with which party?
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