A real estate agent, either acting directly or through one or more
associate licensees, can legally be the agent of both the Seller and the Buyer
in a
transaction, but only with the knowledge and consent of both the Seller
and the Buyer.
In a dual agency situation, the agent has the following affirmative
obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in
the dealings with either Seller or the Buyer.
In representing both Seller and Buyer, the agent may not, without the
express permission of the respective party, disclose to the other party that
the Seller
will accept a price less than the listing price or that the Buyer will
pay a price greater than the price offered.
The above duties of the agent in a real estate transaction do not
relieve a Seller or Buyer from the responsibility to proteat his or her own
interests. You
should carefully read all agreements to assure that they adequately
express your understanding of the transaction. A real estate agent is a person
qualified to advise about real estate. If legal or tax advice is
desired, consult a competent professional.
Throughout your real property transaction you may receive more than one
disclosure form, depending upon the number of
agents assisting in the
transaction. The law requires each agent with whom you have more than a
casual relationship to present you with this disclosure form.
You should read
its contents each time it is presented to you, considering the
relationship between you and the real estate agent in your specific
transaction.
This disclosure form includes the provisions
of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on the
reverse hereof. Read it carefully.