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A California broker has a salesperson who acts as both the listing agent and the buyer's agent in the same transaction (dual agency). Under Cal. Civil Code §2079.17, what specific requirement must be met?

Correct Answer

C) Both the buyer and seller must provide written consent to the dual agency arrangement before the transaction proceeds

Under Cal. Civil Code §2079.17, dual agency requires written consent from both the buyer and seller. Both parties must acknowledge in writing that they understand the agent represents both sides and that this may limit the agent's ability to advocate fully for either party's individual interests. Verbal consent is not sufficient.

Answer Options
A
The broker must automatically assign a different agent to represent the buyer
B
The DRE must approve each dual agency transaction individually
C
Both the buyer and seller must provide written consent to the dual agency arrangement before the transaction proceeds
D
Dual agency is prohibited in California under all circumstances

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Related Topics & Key Terms

Key Terms:

brokeragedual_agencywritten_consentCal_Civil_Code_2079.17

Related Concepts

Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."

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