Hihome
Agency Law Disclosure

Last updated: March 24, 2026

This disclosure is provided in accordance with California Civil Code Sections 2079.13 through 2079.24. It is intended to inform you of the agency relationships that may exist in a real estate transaction and the duties owed by each type of agent.

1. Definitions of Agency Relationships

  • Seller's Agent: A Seller's Agent, under a listing agreement with the Seller, acts as the agent for the Seller only. A Seller's Agent has a fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller.
  • Buyer's Agent: A Buyer's Agent, under an agreement with the Buyer, acts as the agent for the Buyer only. A Buyer's Agent has a fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer.
  • Dual Agent: A Dual Agent represents both the Seller and the Buyer in the same transaction. Dual agency may only occur with the informed written consent of both parties. In a dual agency situation, the agent has a fiduciary duty to both the Seller and the Buyer.

2. Duties of a Seller's Agent

A Seller's Agent owes the following duties to the Seller:

  • Diligent exercise of reasonable skill and care in performing the agent's duties.
  • A duty of honest and fair dealing and good faith.
  • A duty to disclose all facts known to the agent that materially affect the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties.
  • A duty to present all offers and counteroffers to and from the Seller in a timely manner.
  • A duty to disclose to the Seller any material relationship with the Buyer or Buyer's Agent.

3. Duties of a Buyer's Agent

A Buyer's Agent owes the following duties to the Buyer:

  • Diligent exercise of reasonable skill and care in performing the agent's duties.
  • A duty of honest and fair dealing and good faith.
  • A duty to disclose all facts known to the agent that materially affect the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties.
  • A duty to present all offers and counteroffers to and from the Buyer in a timely manner.
  • A duty to disclose to the Buyer any material relationship with the Seller or Seller's Agent.

4. Dual Agency

A real estate agent acting as a Dual Agent represents both the Seller and the Buyer in a transaction. Dual agency arises when:

  • The same agent represents both the Buyer and the Seller.
  • Two agents from the same brokerage represent the Buyer and Seller respectively.

In a dual agency, the agent may not disclose to the Buyer that the Seller is willing to accept a price less than the listing price, nor may the agent 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 respective party.

Important: Dual agency requires the informed written consent of both the Buyer and the Seller. You are not required to consent to dual agency.

5. Disclosure of Agency Relationship

As soon as practicable, the agent must disclose to all parties to the transaction the agency relationship of the agent in the transaction. This disclosure must be confirmed in writing. The listing agent must provide agency disclosure to the Seller before entering into the listing agreement. The selling agent (Buyer's Agent) must provide agency disclosure to the Buyer as soon as practicable prior to execution of the Buyer's offer to purchase.

6. Your Rights

  • You have the right to choose your own agent and are not obligated to use any particular agent.
  • You have the right to refuse dual agency representation.
  • You have the right to receive a copy of this disclosure form.
  • You have the right to ask questions about agency relationships at any time during the transaction.

7. Contact Us

If you have questions regarding agency relationships or this disclosure, please contact us at hi@hihome.ai.