Transactions
Dec. 8, 2016
Decision shakes up dual agency rules for brokerages
The California Supreme Court recently held that when both the listing agent and the selling agent are employees of the same brokerage company, the listing agent owes the same fiduciary duty of and disclosure to the buyer as is owed by the selling agent and by their common employing brokerage company. By Karl Geier
Karl E. Geier
Shareholder
Miller Starr Regalia
Email: keg@msrlegal.com
Karl is the editor-in-chief and a principal author of the firm's 12-volume treatise, Miller & Starr, California Real Estate 4th, and the related periodical, Miller & Starr, California Real Estate Newsalert, both published by Thomson-West.
In Horiike v. Coldwell Banker Residential Brokerage, 2016 DJDAR 11503 (Nov. 21, 2016), the California Supreme Court recently held that when both the listing agent and the selling agent are employees of the same brokerage company, the listing agent owes the same fiduciary duty of and disclosure to the buyer as is owed by the selling agent and by their common employing brokerage company.
Although the court's analysis ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In