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Laws Of Agency Fiduciary DutiesDual_agencyMEDIUM

In California, broker Patricia receives an offer from her own buyer client on a property she has listed. She provides the Disclosure Regarding Real Estate Agency Relationships form to both parties and obtains written consent. When must this dual agency disclosure be confirmed in writing?

Correct Answer

D) Before or at the time the purchase agreement is executed by the buyer and the seller

Under California Civil Code §2079.17(a), the listing agent must provide the agency disclosure and confirm the agency relationship before or at the time the listing agreement is executed by the seller, and the selling agent must provide it before or at the time the purchase agreement is executed by the buyer. For dual agency, the confirmation must occur before or at the time the purchase agreement is signed.

Answer Options
A
Within 30 days after the close of escrow
B
At the time of the final walkthrough inspection before closing
C
Within 5 business days after the buyer submits the initial offer
D
Before or at the time the purchase agreement is executed by the buyer and the seller

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Related Topics & Key Terms

Key Terms:

dual_agencydisclosure_timingwritten_confirmationCivil_Code_2079.17

Related Concepts

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.

An agency relationship created when a principal's actions or words lead a third party to reasonably believe that an agent has authority, and the principal fails to correct this belief.

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