Under California Civil Code §2079.13, which party does the 'selling agent' represent in a residential real estate transaction?
Correct Answer
C) The party whose interests the agent has agreed to represent, which may be the buyer, the seller, or both as a dual agent
Under California Civil Code §2079.13(b), the 'selling agent' is defined as the agent who finds or introduces the buyer to the property — a role often filled by the buyer's agent in a cooperative sale. However, the statute does not automatically assign the selling agent to represent the buyer. The selling agent may represent the buyer, the seller, or both parties as a dual agent, depending on the agency relationships established and disclosed in the transaction. The required Agency Disclosure form (Civil Code §2079.14) is the mechanism by which these relationships are confirmed and communicated to all parties.
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A California listing agent discovers through their visual inspection that a property has a significant foundation defect. The seller instructs the agent to keep this information confidential and not disclose it to buyers. Which of the following best describes the agent's legal obligation?
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