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Laws Of Agency Fiduciary DutiesAgency_disclosure_requirementsMEDIUM

A California buyer is purchasing a home in a for-sale-by-owner (FSBO) transaction with no agents involved. Under California law, are the agency disclosure requirements triggered?

Correct Answer

A) No, because the agency disclosure requirements apply only when at least one real estate licensee is acting as an agent in the transaction

The agency disclosure requirements under California Civil Code §2079.13-2079.24 apply only when a real estate licensee is acting as an agent in the transaction. In a true FSBO transaction where no licensed agents are involved, the statutory agency disclosure requirements are not triggered because there are no agency relationships to disclose.

Answer Options
A
No, because the agency disclosure requirements apply only when at least one real estate licensee is acting as an agent in the transaction
B
Yes, the seller must provide agency disclosure even without agents
C
Yes, the county recorder requires agency disclosure for all property transfers
D
No, but only because FSBO transactions are exempt from all disclosure requirements

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Related Topics & Key Terms

Key Terms:

FSBOno_agentsagency_disclosure_inapplicable

Related Concepts

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

The legal obligation to reveal information that could affect a party's decision to enter into or the terms of a real estate transaction.

The extent of power and actions an agent is authorized to perform on behalf of the principal, as defined by the agency agreement.

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