A California licensee signs a written buyer-broker representation agreement with a buyer, shows several properties listed by other brokerages, and writes the offer the seller accepts. Under the definitions in Civil Code § 2079.13, this licensee is the:
Correct Answer
D) Buyer's agent, because the licensee represents the buyer in the transaction
Civil Code § 2079.13(o) defines a buyer's agent as an agent who represents a buyer in a real property transaction, and the written representation agreement - not the identity of the listing brokerage - fixes that role. This is the role the statute called the 'selling agent' before the 2019 amendment, a term that misled candidates because the agent so named works with the buyer. Dual agency would require one broker to act for both parties, and subagency of the seller does not arise merely from cooperating on another firm's listing. Since January 1, 2025, Civil Code § 1670.50 has required that written buyer-broker agreement no later than the buyer's offer.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The fiduciary obligation to protect a client's private information and not disclose it to third parties without permission, surviving even after the agency relationship ends.
In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.
An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.
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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- → 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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Previous 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?
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Under California law, which document is used to disclose and confirm the agency relationships in a residential real estate transaction?