California, United States of America
The following excerpt is from Weinberger v. Intero Real Estate Servs., Inc., C080462 (Cal. App. 2018):
It is well settled "that any broker acts in a fiduciary capacity and owes an affirmative duty of disclosure to his [or her] principal." (Fisher v. Losey (1947) 78 Cal.App.2d 121, 125.) "The law imposes on a real estate agent 'the same obligation of undivided service and loyalty that it imposes on a trustee in favor of his [or her] beneficiary.' [Citations.] This relationship not only imposes upon him [or her] the duty of acting in the highest good faith towards his [or her] principal but precludes the agent from obtaining any advantage over the principal in any transaction had by virtue of his [or her] agency. [Citation.] 'Such an agent is charged with the duty of fullest disclosure of all material facts concerning the transaction that might affect the principal's decision.
Page 14
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.