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Laws Of Agency Fiduciary DutiesTermination_and_liabilityMEDIUM

A California listing agent successfully sells a property, and the transaction closes. Three months later, a neighbor contacts the agent about a boundary dispute with the new owner. Under California law, what is the former listing agent's obligation?

Correct Answer

C) The agent has no ongoing duty to either party regarding the boundary dispute, as the agency terminated upon close of escrow

Under California law, the agency relationship between the listing agent and the seller typically terminates upon the successful close of escrow, which fulfills the purpose of the agency. After termination, the agent has no ongoing fiduciary duty to assist with new disputes. However, the duty of confidentiality regarding information learned during the agency survives termination.

Answer Options
A
The agent must assist the new owner because fiduciary duties continue indefinitely after the transaction
B
The agent must mediate the boundary dispute as part of post-closing obligations
C
The agent has no ongoing duty to either party regarding the boundary dispute, as the agency terminated upon close of escrow
D
The agent must refer the matter to the DRE for investigation

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Related Topics & Key Terms

Key Terms:

post_terminationclose_of_escrowduty_after_terminationconfidentiality

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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