Under California law, the agency disclosure requirements apply to which types of property?
Correct Answer
C) Residential property of any size, commercial property, vacant land and ground leases
Civil Code 2079.13 defines the real property covered by the agency disclosure article as single-family residential property, multiunit residential property with more than four dwelling units, commercial real property, vacant land, a ground lease coupled with improvements, and manufactured or mobile homes offered through an agent. Because the same section treats the creation of a leasehold longer than one year as a sale, the requirement also reaches long-term leases. The one-to-four unit limit that candidates associate with this form was removed from the agency article effective January 1, 2015, and now belongs to the Transfer Disclosure Statement and the agent's visual inspection duty.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.
An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.
An agency relationship created when a principal approves or accepts an agent's previously unauthorized actions, effectively granting authority after the fact.
More Laws Of Agency Fiduciary Duties Questions
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?
- → A California buyer's agent fails to note a material defect during the visual inspection required by Civil Code §2079. The buyer discovers the defect eight months after close of escrow and wants to sue the agent for breach of that inspection duty. What limitations period applies?
- → 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?
- → After a seller accepts an offer, the seller's agent receives a second written offer at a higher price before the sale closes. California licensing rules require the agent to present that offer to the seller. Which fiduciary duty does this requirement carry out?
- → The creation of a valid agency relationship between a principal and an agent requires:
- → Without being licensed as an escrow officer, a broker may not handle escrow activities when they:
- → 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?
- → All of the following statements are true concerning an in-house sale, except:
- → A listing broker learns that a prospective buyer owes a large amount of delinquent child support. Which fiduciary duty requires the broker to pass this information on to the seller?
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Previous Question
A buyer verbally says to an agent, 'I want you to find me a house.' The agent begins showing properties and negotiating offers on the buyer's behalf, but no written agency agreement is signed. Under California law, what type of agency has most likely been created?
Next Question
A California seller lists their home with Broker A. A buyer's agent from Broker B brings an offer. The buyer's agent verbally promises the seller better terms if the seller switches listing brokers. Under California law, the buyer's agent's conduct creates what legal issue?