(a) As soon as practicable, the buyer’s agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer’s agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer’s agent prior to or coincident with execution of that contract by the buyer and the seller, respectively.
(b) As soon as practicable, the seller’s agent shall disclose to the seller whether the seller’s agent is acting in the real property transaction as the seller’s agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the seller’s agent prior to or coincident with the execution of that contract by the seller.
(c) The confirmation required by subdivisions (a) and (b) shall be in the following form:
(Name of Seller’s Agent, Brokerage firm and license number) _____
is the broker of (check one):
[ ]the seller; or
[ ]both the buyer and seller. (dual agent)
(Name of Seller’s Agent and license number) _____
is (check one):
[ ]is the Seller’s Agent. (salesperson or broker associate)
[ ]is both the Buyer’s and Seller’s Agent. (dual agent)
_____ (Name of Buyer’s Agent, Brokerage firm and license number) _____
is the broker of (check one):
[ ]the buyer; or
[ ]both the buyer and seller. (dual agent)
(Name of Buyer’s Agent and license number) _____
is (check one):
[ ]the Buyer’s Agent. (salesperson or broker associate)
[ ]both the Buyer’s and Seller’s Agent. (dual agent)
(d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. An agent’s duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker.
(Amended by Stats. 2018, Ch. 907, Sec. 42. (AB 1289) Effective January 1, 2019.)
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