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Agency and Fiduciary Duties, 17% of the examination

Dual agency

One broker representing both buyer and seller in the same transaction.

California permits dual agency with both principals' informed consent and the required written disclosure and confirmation. Under Civil Code section 2079.21, a dual agent must not reveal a client's confidential financial position, motivation, bargaining position, or other personal information affecting price without that client's express permission. Price limits are examples, not the entire rule. Required disclosure of known material property facts still applies. Two salespersons representing opposite sides under one responsible broker create broker-level dual agency.

See also

Fiduciary dutyThe duty of trust and confidence an agent owes a principal.Agency disclosureCalifornia's process for providing the agency form, disclosing actual representation, obtaining required consent, and confirming the relationship in writing.

Test the distinction

A relevant question from Agency and Fiduciary Duties, selected because its facts or explanation use this concept.

Agency and Fiduciary Duties ยท 17%Law, Definition and Nature of Agency Relationships, Types of Agencies, and Agents

Is dual agency lawful in California?

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.

Where this is tested

Laws of Agency and Fiduciary DutiesWho you represent, when that duty begins, and what you owe someone you do not represent. Study California's agency disclosures and the duties that continue when dual agency is properly disclosed and consented to.17%Practice Agency and Fiduciary Duties35 questions on this area, every option explained.Practice

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