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HW FORM 1A

DISCLOSURE REGARDING
REAL ESTATE AGENCY RELATIONSHIPS
(As required by the civil code)

 

When you enter into a discussion with a real estate agent regarding a real estate transaction, you should-from the outset understand what type of
agency relationship or representation you wish to have with the agent in the transaction.

SELLER'S AGENT
A Seller's agent under a listing agreement with Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the
following affirmative obligations:

To the Seller:
(a) A Fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. To the Buyer & the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of property that are not known to, or within the
diligent attention and observation of the parties.

An agent is not obligated to reveal to either party any confidential information obtained from the other party which does not involve the affirmative duties set forth above.

BUYER'S AGENT
A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent,
even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for the Buyer has the following affirmative obligations:

To the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.

To the Buyer & Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that am are not known to, or within thediligent attention and observation of. the parties.

An agent is not obligated to reveal to either party any confidential information obtained from the other party which does not involve the
affirmative duties set forth above.

AGENT REPRESENTING BOTH SELLER & BUYER
A real estate agent either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.

In a dual agency situation; the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer.
(b) Other duties to the Seller and the Buyer as stated above in their respective sections.

In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that theSeller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered.

The above duties of the agent in a real estate transaction do not relieve a Seller or a Buyer from the responsibility to protect their own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired; consult a competent professional.

Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the
transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You
should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction.
This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on the reverse hereof. Read it
carefully.

 

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE.

BUYER/SELLER _________________________________ Date.
____________

 

BUYER/SELLER _________________________________ Data.
____________

BROKER __________________________ Date ___________

CHAPTER 2 TITLE 9 OF PART 4 OF DIVISION 3 OF THE COVIL CODE
2079.13. As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) "Agent" means a person acting under provisions of Title 9
(commencing with
Section 2295) in a real property transaction, and includes a person who is
licensed as a real estate broker under Chapter 3 (commencing with Section
10130) of Part 1 of Division 4 of the Business and Professions Code, and under
whose license a listing is executed or an offer to purchase is obtained. (b)
"Associate licensee" means a person who is licensed as a real estate broker or
salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of
Division 4 of the Business and Professions Code and who is either licensed
under a broker or has entered into a written contract with a broker to act as
the broker's agent in connection with acts requiring a real estate license and
to function under the broker's supervision in the capacity of an associate
licensee. The agent in the real property transaction bears responsibility for
his or her associate licensees who perform as agents of the agent. When an
associate licensee owes a duty to any principal, or to any buyer or seller who
is not a principal, in a real property transaction, that duty is equivalent to
the duty owed to that party by the broker for whom the associate licensee
functions. (c) "Buyer" means a transferee in a real property transaction, and
includes a person who executes an offer to purchase real property from a
seller through an agent, or who seeks the services of an agent in more than a
casual, transitory, or preliminary manner, with the object of entering into a
real property transaction. "Buyer" includes vendee or lessee. (d) "Dual
agent" means an agent acting, either directly or through an associate
licensee, as agent for both the seller and the buyer in a real property
transaction. (e) "Listing agreement" means a contract between an owner of real
property and an agent, by which the agent has been authorized to sell the real
property or to find or obtain a buyer. (f) "Listing agent" means a person who
has obtained a listing of real property to act as an agent for compensation.
(g) "Listing price" is the amount expressed in dollars specified in the
listing for which the seller is willing to sell the real property through the
listing agent. (h) "Offering price" is the amount expressed in dollars
specified in an offer to purchase for which the buyer is willing to buy the
real property. (i) "Offer to purchase" means a written contract executed by a
buyer acting through a selling agent which becomes the contract for the sale
of the real property upon acceptance by the seller. (j) "Real property" means
any estate specified by subdivision (1) or (2) of Section 761 in property
which constitutes or is improved with one to four dwelling units, any
leasehold in this type of property exceeding one year's duration, and
mobilehomes, when offered for sale or sold through an agent pursuant to the
authority contained in Section 10131.6 of the Business and Professions Code.
(k) "Real property transaction" means a transaction for the sale of real
property in which an agent is employed by one or more of the principals to act
in that transaction, and includes a listing or an offer to purchase.
(l)
"Sell," "sale," or "sold" refers to a transaction for the transfer of real
property from the seller to the buyer, and includes exchanges of real property
between the seller and buyer, transactions for the creation of a real property
sales contract within the meaning of Section 2985, and transactions for the
creation of a leasehold exceeding one year's duration. (m) "Seller" means the
transferor in a real property transaction, and includes an owner who lists
real property with an agent, whether or not a transfer results, or who
receives an offer to purchase real property of which he or she is the owner
from an agent on behalf of another. "Seller" includes both a vendor and a
lessor. (n) "Selling agent" means a listing agent who acts alone, or an agent
who acts in cooperation with a listing agent, and who sells or finds and
obtains a buyer for the real property, or an agent who locates property for a
buyer or who finds a buyer for a property for which no listing exists and
presents an offer to purchase to the seller. (o) "Subagent" means a person to
whom an agent delegates agency
powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of
Title 9. However, "subagent" does not include an associate licensee who is
acting under the supervision of an agent in a real property transaction.

2079.14. Listing agents and selling agents shall provide the seller and buyer
in a real property transaction with a copy of the disclosure form specified in
Section 2079.16, and, except as provided in subdivision (c), shall obtain a
signed acknowledgment of receipt from that seller or buyer, except as provided
in this section or Section 2079.15, as follows: (a) The listing agent, if any,
shall provide the disclosure form to the seller prior to entering into the
listing agreement. (b) The selling agent shall provide the disclosure form to
the seller as soon as practicable prior to presenting the seller with an offer
to purchase, unless the selling agent previously provided the seller with a
copy of the disclosure form pursuant to subdivision (a). (c) Where the
selling agent does not deal on a face-to-face basis with the seller, the
disclosure form prepared by the selling agent may be furnished to the seller
(and acknowledgment of receipt obtained for the selling agent from the seller)
by the listing agent, or the selling agent may deliver the disclosure form by
certified mail addressed to the seller at his or her last known address, in
which case no signed acknowledgment of receipt is required. (d) The selling
agent shall provide the disclosure form to the buyer as soon as practicable
prior to execution of the buyer's offer to purchase, except that if the offer
to purchase is not prepared by the selling agent, the selling agent shall
present the disclosure form to the buyer not later than the next business day
after the selling agent receives the offer to purchase from the buyer.

2079.15. In any circumstance in which the seller or buyer refuses to
sign an acknowledgment of receipt pursuant to Section 2079.14, the agent, or an
associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal.

2079.17. (a) As soon as practicable, the selling agent shall disclose to the
buyer and seller whether the selling agent is acting in the real property
transaction exclusively as the buyer's agent, exclusively as the seller's
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 selling agent prior to or coincident with execution of that
contract by the buyer and the seller, respectively. (b) As soon as
practicable, the listing agent shall disclose to the seller whether the
listing agent is acting in the real property transaction exclusively as the
seller's 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 listing 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:
_____________________________ is the agent of (check one):
(Name of Listing Agent)
( ) the seller exclusively; or ( ) both the buyer and seller.
__________________________________________________________________
(Name of Selling Agent if not the same as the Listing Agent)
is the agent of (check one):
( ) the buyer exclusively; or ( ) the seller exclusively; or ( ) both the buyer and seller.

(d) The disclosures and confirmation required by this section shall be
in addition to the disclosure required by Section 2079.14.

2079.18. No selling agent in a real property transaction may act as an
agent for the buyer only, when the selling agent is also acting as the
listing agent in the transaction.

2079.19. The payment of compensation or the obligation to pay
compensation to an agent by the seller or buyer is not necessarily determinative of a
particular agency relationship between an agent and the seller or
buyer. A listing agent and a selling agent may agree to share any compensation
or commission paid, or any right to any compensation or commission for
which an obligation arises as the result of a real estate transaction, and the
terms of
any such agreement shall not necessarily be determinative of a particular relationship.

2079.20. Nothing in this article prevents an agent from selecting, as a
condition of the agent's employment, a specific form of agency relationship
not specifically prohibited by this article if the requirements of Section
2079.14 and Section 2079.17 are complied with.

2079.21. A dual agent shall not disclose to the buyer that the seller is
willing to sell the property at a price less than the listing price, without
the express written consent of the seller. A dual agent shall not disclose to
the seller that the buyer is willing to pay a price greater than the offering
price, without the express written consent of the buyer. This section does not
alter in any way the duty or responsibility of a dual agent to any principal
with respect to confidential information other than price.

2079.22. Nothing in this article precludes a listing agent from also
being a selling agent, and the combination of these functions in one agent does
not, of itself, make that agent a dual agent.

2079.23. A contract between the principal and agent may be modified or
altered to change the agency relationship at any time before the performance
of the act which is the object of the agency with the written consent of the
parties to the agency relationship.

2079.24. Nothing in this article shall be construed to either diminish
the duty of disclosure owed buyers and sellers by agents and their
associate licensees, subagents, and employees or to relieve agents and their
associate licensees, subagents, and employees from liability for their conduct in
connection with acts governed by this article or for any breach of a fiduciary
duty or a duty of disclosure.


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