A seller refuses to consent to dual agency when the listing agent's brokerage intends to also represent the buyer through a different salesperson in the same office. Which of the following outcomes is most consistent with California law?

Correct Answer

C) Dual agency cannot proceed, so the brokerage must restructure the representation

Dual agency requires the informed written consent of both parties, and the seller has refused. Consent is owed to the brokerage, not to the individual salesperson, so putting a second salesperson on the buyer side changes nothing. The brokerage restructures - refer the buyer out, let the buyer proceed unrepresented, or lose that side - or the buyer goes to a different brokerage. Other choices: intra-office representation is still the brokerage representing both parties; a refusal to consent to dual agency does not void the listing, which stands on its own terms; and the refusal is not personal to the listing agent, because the licence of every salesperson runs through the same broker.