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Laws Of Agency Fiduciary DutiesAgency_disclosure_requirementsMEDIUM

In California, a seller lists their home with Broker A. Broker A assigns salesperson Tom to handle the listing. Buyer contacts salesperson Mary, who also works for Broker A, to help purchase the property. Under the agency confirmation, how should the agency be described?

Correct Answer

D) Broker A is a dual agent because both Tom and Mary work under the same broker

Under California law, agency runs through the broker, not the individual salesperson. Since both Tom and Mary work under Broker A, the broker represents both the seller and the buyer, creating dual agency. The agency confirmation must disclose that Broker A is acting as a dual agent, and written consent must be obtained from both parties.

Answer Options
A
Tom is the seller's agent and Mary is the buyer's agent — separate representation
B
Only Tom has an agency relationship; Mary is unrepresented
C
Tom and Mary are transaction brokers
D
Broker A is a dual agent because both Tom and Mary work under the same broker

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Related Topics & Key Terms

Key Terms:

dual_agencysame_brokerageagency_confirmationin_house

Related Concepts

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

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