Search
  • Joseph Miskabi

February 2017 Newsletter

Updated: Aug 25, 2020

WHAT OBLIGATIONS DOES A DUAL REAL ESTATE AGENT HAVE?

In Horiike v. Coldwell Banker (2016), the California Supreme Court ruled that a real estate brokerage representing both the buyer and seller in a deal (a dual agency) owes the same fiduciary responsibilities to each party, potentially setting a significant precedent for how information is shared in so-called "dual-agency transactions."

This decision is important for multiple reasons.  Obviously, it increases - to significant degree - the duties and responsibilities of a dual agent.  Based on the same, many agents will be legally obligated to disclose much more to the opposing principal in connection with a real estate transaction. 

On the one hand, this requirement will discourage dual agency and limit the same as I anticipate many agents will feel uncomfortable proceeding as a dual agent due to these new requirements.  Conversely,  this new case law will be a boon for consumers and real estate principals who should have access to greater information and more transparency in connection with a real estate deal.

If you have questions about real estate or business law matters, please contact the Law Offices of Joseph Miskabi.



2 views0 comments

Recent Posts

See All

July 2017 Newsletter

OW CAN I PROTECT MY ESCROW DEPOSIT? You have just put a real property under a purchase contract, and are ready to put down your Earnest Money Deposit, usually 3% of the purchase price. Your deposit is

Contractual Termination: What Are the Pitfalls?

Create a blog post subtitle that summarizes your post in a few short, punchy sentences and entices your audience to continue reading. Welcome to your blog post. Use this space to connect with your rea