Horiike v. Coldwell Banker Residential Brokerage Co.

Opinion

KRUGER, J.

—Under California law, a real estate broker may act as a “dual agent” for both the seller and the buyer in a real property transaction, provided both parties consent to the arrangement after full disclosure. (Civ. Code, §§ 2079.14, 2079.16.) To that end, the law requires brokers to disclose whether they are acting as dual agents and to inform the parties that a broker acting as a dual agent owes fiduciary duties to both buyer and seller. {Id., § 2079.16.) In carrying out its duties, the broker may act either directly or through one or more “associate licensees”—typically…