(a) As soon as practicable, the buyerâs agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyerâs agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyerâs agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the sellerâs agent shall disclose to the seller whether the sellerâs agent is acting in the real property transaction as the sellerâs agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the sellerâs agent prior to or coincident with the execution of that contract by the seller. (c) The confirmation required by subdivisions (a) and (b) shall be in the following form: (Name of Sellerâs Agent, Brokerage firm and license number) is the broker of (check one): [ ] the seller; or [ ] both the buyer and seller. (dual agent) (Name of Sellerâs Agent and license number) is (check one): [ ] is the Sellerâs Agent. (salesperson or broker associate) [ ] is both the Buyerâs and Sellerâs Agent. (dual agent) (Name of Buyerâs Agent, Brokerage firm and license number) is the broker of (check one): [ ] the buyer; or [ ] both the buyer and seller. (dual agent) (Name of Buyerâs Agent and license number) is (check one): [ ] the Buyerâs Agent. (salesperson or broker associate) [ ] both the Buyerâs and Sellerâs Agent. (dual agent) (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. An agentâs duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker.
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