A California real estate broker represents both the buyer and the seller in a residential transaction. The broker explains the dual agency arrangement to both parties verbally and obtains their verbal acknowledgment. Under California Civil Code §2079.17, is this sufficient to establish a lawful dual agency?
Correct Answer
A) No, because dual agency consent must be in writing under California law
California Civil Code §2079.17 requires that dual agency consent be confirmed in writing. Verbal acknowledgment, no matter how thorough, does not satisfy the statutory requirement for written consent.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.
The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.
An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.
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