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Laws Of Agency Fiduciary DutiesDual_agencyMEDIUM

A California managing broker operates two offices 30 miles apart. Agent Helen in the north office lists a home, and Agent George in the south office represents a buyer who wants to purchase Helen's listing. The managing broker argues that the geographic separation eliminates dual agency. Under California law, is the managing broker correct?

Correct Answer

C) No, because the location of the offices is irrelevant — the broker is the dual agent whenever associate licensees from the same brokerage represent both sides

Under California Civil Code §2079.13(d), dual agency exists when a broker, directly or through associate licensees, represents both parties. Geographic separation of offices within the same brokerage does not eliminate the dual agency relationship. The broker remains the dual agent regardless of office location.

Answer Options
A
Yes, because agents in separate offices operate as independent entities under California law
B
Yes, because the 30-mile separation provides sufficient physical separation to avoid dual agency
C
No, because the location of the offices is irrelevant — the broker is the dual agent whenever associate licensees from the same brokerage represent both sides
D
No, but only because the offices are less than 50 miles apart, which is the minimum distance required

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Related Topics & Key Terms

Key Terms:

dual_agencyseparate_officesgeographic_irrelevantmanaging_broker

Related Concepts

A practice where the agent or brokerage represents only one party in a transaction — either the buyer or the seller, but never both.

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

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.

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