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Dual agency is not illegal in California, but it is a heavily litigated area of real estate law.
With only one agent involved in the deal, you may be able to streamline communications between the buyer and the seller. Although there are some benefits for the buyer, the person who benefits the most from this type of agreement is the dual agent themselves.
A licensee may act as a dual agent only with the consent of all parties to the transaction. Consent shall be presumed by a written agreement pursuant to section 339.780. 2.
Consent: Consent of both the principal and the agent is necessary to form an agency relationship. More specifically, both the principal and the agent must consent to the agent acting on the principals behalf and subject to the principals control.
Occurs when both principal parties in the same transaction are represented by a fiduciary without full disclosure to and approval from all parties in the transaction. Related Articles: New York Salesperson Flash Cards.
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The purpose of the agency disclosure form is to protect the client. Upon signing, there is no contractual obligation to exclusively work with that agent, however, this document does make sure that everyone who hires a real estate agent understands the full scope of their relationship dynamic.
Agents need to fill out the form. Three steps to agency disclosure are disclose, elect, confirm. is a contract to employ a broker, legally referred to as an agent, to certain things for the owner or seller.
The most common agency relationships are: Buyers Agency; Sellers Agency; Dual Agency.
In Mississippi, sellers are required by law to submit a form called the property condition disclosure statement (and update it if any non-cosmetic defects are found during inspections), and buyers and sellers both must sign it.
A licensee is required to disclose all material facts. A material fact is any information about the property which could affect a sellers willingness to sell or a buyers willingness to buy. Material facts must be disclosed to both clients and customers.

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