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Laws Of Agency Fiduciary DutiesAgency_disclosure_requirementsMEDIUM

A California seller refuses to sign the agency disclosure form provided by the listing agent. The seller says, 'I already know about agency — I don't need to sign this.' Under California law, what should the agent do?

Correct Answer

B) Note the refusal with the date and circumstances, and keep the form on file

The obligation is to deliver the disclosure. When the seller will not sign, the agent records the refusal and keeps the file straight. Other choices: proceeding on a verbal acknowledgement leaves nothing behind; refusing to take the listing is not required and the delivery duty is already met; and nobody may sign for the seller without authority to do so.

Answer Options
A
Proceed without the signature because the seller verbally acknowledged understanding
B
Note the refusal with the date and circumstances, and keep the form on file
C
Refuse to list the property until the seller signs the form
D
Have the seller's attorney sign on the seller's behalf

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Related Topics & Key Terms

Key Terms:

agency_disclosurerefusal_to_signdocumentationagent_duty

Related Concepts

The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

An agency relationship created by the conduct or actions of the parties rather than by a written or oral agreement.

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