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California specifics

Agency disclosure timeline

The general agency form, disclosure of the relationship actually created, and written confirmation are separate duties. This timeline follows the current buyer, seller and contract deadlines instead of compressing them into a slogan.

California Civil Code sections 2079.14 to 2079.17
  1. 01

    Listing agent to seller

    Provide the Disclosure Regarding Real Estate Agency Relationship

    Before entering into the listing agreement

    Civil Code section 2079.14 ties the seller's receipt to the listing agreement, not to the later purchase contract.

  2. 02

    Buyer’s agent to buyer

    Provide the same statutory agency disclosure form

    As soon as practicable before both the buyer-broker representation agreement and the buyer’s offer

    The current statute names both events. If the buyer prepares the offer without the agent, the agent must present the form no later than the next business day after receiving it.

  3. 03

    Agent receiving the acknowledgment

    Obtain the buyer’s or seller’s signed acknowledgment of receipt

    When the section 2079.16 form is delivered

    If the person refuses to sign, section 2079.15 requires the agent to write, sign and date a declaration describing the refusal. Refusal does not erase the delivery duty.

  4. 04

    Buyer’s agent to buyer and seller

    Disclose whether the agent is the buyer’s agent or a dual agent

    As soon as practicable

    This representation disclosure is required in addition to the general agency form. A dual agency requires the knowledge and consent of both parties.

  5. 05

    Seller’s agent to seller

    Disclose whether the agent is the seller’s agent or a dual agent

    As soon as practicable

    The seller must know whether the brokerage remains exclusive to the seller or is representing both sides of this transaction.

  6. 06

    Buyer’s agent and seller’s agent

    Confirm the actual representation in the purchase contract or a separate writing

    Before or when the buyer and seller respectively execute the purchase contract

    Section 2079.17 sets party-specific deadlines. Confirmation is additional to the earlier agency disclosure form, not a substitute for it.

The buyer deadline changed in 2025

Civil Code section 2079.14 now places delivery before both the buyer-broker representation agreement and the buyer's offer. Older summaries that mention only the offer omit the current agreement deadline.

Two salespersons, one brokerage, still dual agency

Agency attaches to the broker, and a salesperson acts on the broker's license. When one brokerage holds both sides of a transaction the broker is a dual agent and both parties must consent in writing, even though two different people are involved. This is lawful and common, and it must be disclosed as dual agency.

How this is calculated

Start by separating two documents in your head. Section 2079.14 requires the statutory form that explains possible agency relationships. Section 2079.17 separately requires disclosure and confirmation of the representation that actually exists in the transaction. One does not replace the other.

The point where this most often goes wrong in practice is dual agency. Agency attaches at the broker level and a salesperson acts on the broker's license, so when two different salespersons in the same brokerage represent the buyer and the seller, the broker is a dual agent. Both parties must give informed written consent, even though no individual person is on both sides.

A dual agent may not disclose either party's confidential financial position, motivation, bargaining position or price flexibility without that party's express permission. The agent still owes both parties the statutory duties of reasonable skill and care, honest dealing and disclosure of known material property facts.

The full area, including duties to non-clients and the difference between being represented and being owed something, is in Laws of Agency and Fiduciary Duties, which is 17% of the examination.

Common questions

What is the California agency disclosure sequence?

First deliver the statutory form explaining possible agency relationships at the deadlines in Civil Code section 2079.14. Separately disclose the representation that actually exists as soon as practicable, then confirm it in the purchase contract or a qualifying separate writing by the party-specific deadlines in section 2079.17.

When must the agency disclosure form be given to the buyer?

As soon as practicable before the buyer executes both a buyer-broker representation agreement and an offer to purchase. If the offer was not prepared by the buyer's agent, the agent must present the form no later than the next business day after receiving the offer from the buyer.

Is dual agency legal in California?

Yes, with the knowledge and consent of both the buyer and seller. The dual agent cannot reveal one party's confidential motivation, bargaining position or price flexibility without express permission, but still owes statutory duties to both sides.

Where is the agency election confirmed?

In the purchase contract or a separate writing. The buyer's agent confirmation must be executed or acknowledged before or when the buyer and seller respectively execute the contract. The seller's agent confirmation must be completed before or when the seller executes it.