Avoid a Lawsuit as a Dual Agent Selling Your Own Home
You’re ready to sell your house. Good thing you’re a real estate agent. You can represent yourself—and maybe the buyer, too (depending on your state)—streamline the process, and make more money. But before you do, understand the risks of a real estate lawsuit in a dual agent situation when you are selling your own property.Read More
Case Study: Creation of an “Associate Licensee” and the Duty to Investigate and Disclose – Horiike v. Coldwell Banker
Real Estate Agent Fiduciary Duties Ruling In November 2016, California’s Supreme Court affirmed the Appellate Court’s decision in Horiike v. Coldwell Banker (2014) 225 Cal. App. 4th 427. Its significance is that where a real estate brokerage is representing the buyer and the seller in a transaction, albeit with separate real estate agents for theRead More
How to Avoid Real Estate Lawsuits when Working as a Dual Agent
Dual Agency, where the real estate agent is acting on behalf of both the buyers and sellers, can be very attractive to some agents. Not only does acting as a dual agent streamline the transaction process, but it can also be more lucrative when the agent keeps the entire commission. (Dual agency can also meanRead More
When Does a Real Estate Agent’s Legal Duty Cease in California to His or Her Client?
In recent months I have handled an increasing number of risk management inquiries for real estate agents and brokers on the issue of when does a real estate agent’s duties cease to the client. This question typically arises after closing when new “issues” arise, such as newly discovered water intrusion or pest infestation problems thatRead More