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Laws Of Agency Fiduciary DutiesDual_agencyHARD

In a California dual agency transaction, the dual agent is required to do all of the following EXCEPT:

Correct Answer

C) Advise the buyer on the maximum price to offer based on the agent's knowledge of what the seller will accept

A dual agent may not advise the buyer on the maximum price based on knowledge of the seller's bottom line. This would violate both the duty of confidentiality owed to the seller under Civil Code §2079.21 and the duty of neutrality required in dual agency. The dual agent must not leverage one party's confidential information to benefit the other.

Answer Options
A
Conduct a reasonably competent visual inspection of the property and disclose findings to both parties
B
Obtain informed written consent from both the buyer and the seller before acting as a dual agent
C
Advise the buyer on the maximum price to offer based on the agent's knowledge of what the seller will accept
D
Disclose to both parties all material facts known to the agent that affect the property's value or desirability

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Related Topics & Key Terms

Key Terms:

dual_agencyprohibited_adviceprice_advocacyreverse_question

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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