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Laws Of Agency Fiduciary DutiesDual_agencyMEDIUM

A California buyer signs a dual agency consent form at the beginning of a transaction. Midway through negotiations, the buyer decides she no longer wants dual representation and requests a separate agent. Under California law, what is the buyer's right in this situation?

Correct Answer

B) The buyer may withdraw consent to dual agency at any time, but may need to find new representation or proceed unrepresented

Under California agency law, consent to dual agency is not irrevocable. A principal may withdraw consent to the agency relationship. However, the practical consequence is that the buyer may need to engage a different brokerage for representation or proceed without an agent in the transaction.

Answer Options
A
The buyer cannot revoke consent once the dual agency form has been signed
B
The buyer may withdraw consent to dual agency at any time, but may need to find new representation or proceed unrepresented
C
The buyer may revoke consent only if the seller also agrees to end the dual agency arrangement
D
The buyer must petition the DRE for permission to revoke dual agency consent

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Related Topics & Key Terms

Key Terms:

dual_agencyconsent_revocationbuyer_rights

Related Concepts

In real estate, a client is someone to whom the agent owes fiduciary duties through an agency relationship, while a customer is a third party to whom the agent owes only honesty and fair dealing.

An arrangement where a brokerage assigns separate agents within the firm to represent the buyer and seller in the same transaction, allowing each client to have dedicated representation.

A situation where a single agent or brokerage represents both the buyer and the seller in the same real estate transaction.

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