Legally speaking, a dual agent is a real estate broker, or agents working for the same broker, who act on behalf of both the seller and the buyer in a transaction. A broker is permitted to act as a dual agent in California only if the buyer and seller are both aware of and consent to the dual agency.
An open listing allows the seller to work with multiple agents, while a net listing gives the agent the exclusive right to sell the property.
Working with more than one real estate agent is fine when you haven't signed an exclusive agreement with anyone, says Adam Aguilar, a real estate agent with Reliantra in West Toluca Lake, CA. “You can use as many as you wish, unless they stop to ask you to make a commitment to them, in writing,” Aguilar adds.
An open listing lets a property owner enlist multiple real estate agents to help them make a sale. Only the agent who finds a buyer earns the commission, but agents may also work together and divide the commission between them.
In some cases, you may be able to unilaterally cancel the listing agreement, but this is typically more challenging and may involve legal consequences. To do so, you must demonstrate that there was a legitimate reason for the cancellation, such as the agent's misconduct or a significant change in your circumstances.
An open listing is a non-exclusive contract. This type of listing gives the seller or buyer the right to engage any number of brokers as agents.
In California, agents must be affiliated with only one broker at a time. To work for more than one brokerage, agents can attain a broker's license and present a copy to the firm.
Dual agency occurs when a real estate agent represents both the buyer and the seller in a single real estate transaction. While dual agency is legal in California, it requires strict adherence to specific rules and regulations outlined in the California Civil Code, particularly Sections 2079.13 and 2079.14.