California Real Estate SalespersonLaws of Agency and Fiduciary DutiesMedium
Under Civil Code Section 2079.17, when must the agency relationship(s) involved in a residential real property transaction be confirmed in writing?
- AWithin three days after close of escrow
- BOnly when dual agency exists
- COnly if requested by either party after close of escrow
- DIn the contract to purchase and sell, or in a separate writing, before or coincident with the execution of that contract
Show answer & explanationAnswer & explanation
Correct answer: D. In the contract to purchase and sell, or in a separate writing, before or coincident with the execution of that contract
Civil Code Section 2079.17 requires that the agency relationship(s) be confirmed in writing in the contract itself or in a separate document, executed before or at the same time as the purchase contract, regardless of whether the transaction involves single or dual agency.
Why the other options are wrong
- A. There is no three-day post-closing confirmation rule.
- B. This confirmation requirement applies to all agency relationships, not just dual agency.
- C. Confirmation must occur before or at contract signing, not after closing.
Agency Confirmation Requirement (2079.17)
California law requires written confirmation of the agency relationship(s) in the purchase contract or a separate writing, executed at or before the contract's signing.
- Applies to all residential transactions, not just dual agency.
- Confirmation must be in or accompanying the purchase contract.
- Distinct from the earlier listing-side agency disclosure requirement under 2079.14.
Memory trick: 'Confirm before you sign, not after the finish line.'