Agency and Fiduciary Duties, 17% of the examination
Agency disclosure
California's process for providing the agency form, disclosing actual representation, obtaining required consent, and confirming the relationship in writing.
For covered transactions, the seller's agent gives the statutory form before the listing agreement. The buyer's agent gives it as soon as practicable before the buyer representation agreement and the buyer's offer. If the buyer's agent did not prepare the offer, the agent provides the form no later than the next business day after receiving it. Actual representation is disclosed separately and confirmed in the purchase contract or a separate writing before or when each party signs. Dual agency also requires both principals' informed consent.
See also
Test the distinction
A relevant question from Agency and Fiduciary Duties, selected because its facts or explanation use this concept.
A California buyer's agent is preparing a buyer representation agreement for a covered transaction. What must happen before the buyer signs that agreement?
Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanor under B&P Code section 123.
Primary sources
Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.