California real estate disclosure laws California Real Estate Disclosures | Page 37
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.
________________________________
Agent
___________________________
Buyer/Seller
(date)
(Signature)
________________________________
Associate Licensee
(date)
(Signature)
___________________________
Buyer/Seller
(date)
(Signature)
In the contract to purchase or sell or in a separate writing signed by the agent(s)
and principals to the transaction, the agent(s) must confirm as follows the agency
relationship intended:
____________________________________ is the agent of (check one):
(Name of Listing Agent)
[]
the seller exclusively; or
[]
both the buyer and seller.
____________________________________ is the agent of (check one):
(Name of Selling Agent if not
the same as the Listing Agent)
[]
the buyer exclusively; or
[]
the seller exclusively; or
[]
both the buyer and seller.
The law requires that “When you [the principal] enter into a discussion with
a real estate agent regarding a real estate transaction, you [the principal]
should from the outset understand what type of agency relationship
representation you [the principal] wish to have with the agent in the
transaction.” Accordingly, the disclosure form must be provided in a timely
fashion 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).
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