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  • Writer's pictureJoseph Miskabi

February 2017 Newsletter

Updated: Aug 25, 2020


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.

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