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Laws Of Agency Fiduciary DutiesDual_agencyMEDIUM

Agent Robert in California has a listing on a condominium. His buyer client wants to make an offer on the same property. Robert provides the agency disclosure form, but the seller refuses to consent to dual agency. What should Robert do?

Correct Answer

B) Refer the buyer to another agent at a different brokerage so the transaction can proceed without dual agency

If either party refuses to consent to dual agency, the agent cannot act as a dual agent. The most appropriate course of action is for Robert to refer the buyer to an agent at a different brokerage, allowing Robert to continue representing the seller exclusively and the buyer to obtain independent representation.

Answer Options
A
Proceed with the transaction as a dual agent since the buyer already consented
B
Refer the buyer to another agent at a different brokerage so the transaction can proceed without dual agency
C
Withdraw the listing to avoid the dual agency issue and represent only the buyer
D
File a complaint with the DRE to compel the seller to accept dual agency

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Related Topics & Key Terms

Key Terms:

dual_agencyconsent_refusedreferralseller_refusal

Related Concepts

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

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.

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