Questions about "Disclosure Regarding Real Estate Relationship" form

1 Reply

I'm taking a Real Estate Principals class at UCLA Extension and I'm studying for the midterm.  In my textbook there are samples of contracts, and I'm reading them through and through, even the tiny print on the back, and there are two clauses which confuse the hell out of me.

2079.18 reads:

No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the transaction.

2079.22 reads:

Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of itself, make that agent a dual agent.

How are these two clauses not contradictory?

@Brandon Snyder Hard to know for sure without reading the entire document, but it looks like:

2079.18 refers to the agent in a specific transaction. This agent may not act as an exclusive buyers agent when selling a property for which he is the listing agent.

2079.22 refers to general area of practice. An agent that commonly lists properties can also commonly assist buyers of real estate without being considered a dual agent. If one of the agent's buyers happens to initiate a transaction on one of the agent's listings, then that probably changes things... but the mere act of performing different functions in unrelated transactions does not make a dual agent.

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