In a disclosed dual agency relationship, the fiduciary duties of loyalty and full disclosure are not fully applicable. While the agent must still act in good faith and provide competent service to both parties, they cannot prioritize the interests of one client over the other due to the inherent conflict of interest. Additionally, the duty of confidentiality is limited; the agent may share information that is relevant to both parties, as long as it does not harm either client's interests.
California Licensed Professional Fiduciary (CLPF) Note - The California Fiduciary Bureau is a licensing agency, not a certifying agency.
Yes.
The law
When an agent is hired to represent his/her client an agency relationship is formed whereby the agent owes the client fiduciary duties, that include, loyalty, obedience and confidentiality.
either the buyer or seller of a property There are several types of representation that a real estate agent may be hired to perform. The agent can be retained in a single agency representation to represent the seller or as a buyer-agent representing the buyer. Single agency results in a fiduciary relationship to either the buyer or seller, but not both. Dual agency is where the real estate agent owes a fiduciary relationship to both parties and is not permitted in many states. A real estate agent can also be retained to provide what is called transaction brokerage whereby they do not represent either the buyer or the seller but instead performs services to facilitate the transaction and would be bound to treat both parties fairly but does not owe a fiduciary relationship to either. When retaining the services of a real estate agent inquire as to the nature of their representation and who they in fact represent. Keep in mind that as their representation of a particular party to the transaction evolves, the representation obligations and fiduciary duties may change. It is obligation of the real estate agent to disclose in establishing a relationship and also if and when it changes during the transaction.
what agency relationship exists within a corporation
In the US, although regulated by individual states,dual agency must be disclosed to all parties in the transaction. Undisclosed dual agency may result in a loss or suspension of a real estate license. For example, Agent A and agent B both work for Remax DC. If Agent A has a buyer who writes an offer on Agent B's listing there is dual agency (assuming that Ahas a buyer's agency agreementand B has a listing agreement) because both buyer and seller have an agency relationship with Remax DC as the principal. This is perfectly legal as long as all parties are aware and give their consent.
what agency relationship exists in a corporation?
when an employee work in the best interest of the organisation
NC allows disclosed dual agency.
The two main types of fiduciary funds are trust funds and agency funds. Trust funds are used to account for resources held by a government in a trustee capacity for individuals or other entities, such as pension trust funds and investment trust funds. Agency funds, on the other hand, are used to account for resources held by a government as an agent for others, typically involving temporary collections and distributions, such as tax agency funds.
The fiduciary duties created by a contract of agency are principles of loyalty, obedience, disclosure, confidentiality, and care. These duties require the agent to act in the best interests of the principal, follow their instructions, provide all relevant information, keep the principal's information confidential, and act with reasonable care and diligence. Violating these duties can result in legal consequences for the agent.