Thursday, December 08, 2016 / by Nicole Solari
So, have you heard about dual agency or “double ending?”
Personally, at the agent level, it’s a big “no-no” for me. I will never represent the buyer on one of my own listings. However, fiduciary duty is held at the broker level, not the agent level, and recently the California Supreme Court has upheld the appeal in the case Horiike vs. Coldwell Banker Residential Brokerage Company.
The court’s decision will likely cause some ripples for real estate companies that practice dual agency in either a residential or commercial capacity. The case has received national attention with regard to the practice of dual agency and whether a single brokerage company can actually represent the interests of two competing parties in a fiduciary capacity.
The court’s decision outlined that the brokerage company did have a duty to both learn and disclose any material facts that may have an impact on the value ...