California 2017-2018 Regular Session Status: In Committee 1 D cosponsors

AB 1626 — Real estate brokers: dual agency.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law regulates activities of listing agents, selling agents, and associate licensees in real property transactions. Existing law requires the listing agent and the selling agent to provide the seller and the buyer with a specified disclosure form. The disclosure form, among other things, states that a real estate agent acting directly or through one or more associate licensees can legally be the agent of both the seller and the buyer in a transaction, but only with the knowledge and consent of both seller and buyer. Selling agents and listing agents are required to disclose when they act as dual agent representatives, subject to specified requirements. Existing law provides that these and other provisions do not relieve agents and their associate licensees, subagents, and employees from liability for their conduct, as specified, or for any breach of a fiduciary duty or a duty of disclosure. This bill would declare that the law regarding the responsibilities of associate licensees and supervising brokers in dual agency transactions requires clarification due to the holding in a specified California Supreme Court decision. The bill would describe when dual agency exists and would specify, with respect to certain provisions of existing law, some of the duties of licensees in conducting dual agency transactions. The bill would also revise the mandatory disclosure form used in dual agency transactions to make the terms in the form consistent with the ruling by the California Supreme Court, referenced above.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. Re-referred to Com. on JUD.

  5. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  6. Referred to Com. on JUD.

  7. From printer. May be heard in committee March 21.

  8. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does AB 1626 do?
Existing law regulates activities of listing agents, selling agents, and associate licensees in real property transactions. Existing law requires the listing agent and the selling agent to provide the seller and the buyer with a specified disclosure form. The disclosure form, among other things, states that a real estate agent acting directly or through one or more associate licensees can legally be the agent of both the seller and the buyer in a transaction, but only with the knowledge and consent of both seller and buyer. Selling agents and listing agents are required to disclose when they act as dual agent representatives, subject to specified requirements. Existing law provides that these and other provisions do not relieve agents and their associate licensees, subagents, and employees from liability for their conduct, as specified, or for any breach of a fiduciary duty or a duty of disclosure. This bill would declare that the law regarding the responsibilities of associate licensees and supervising brokers in dual agency transactions requires clarification due to the holding in a specified California Supreme Court decision. The bill would describe when dual agency exists and would specify, with respect to certain provisions of existing law, some of the duties of licensees in conducting dual agency transactions. The bill would also revise the mandatory disclosure form used in dual agency transactions to make the terms in the form consistent with the ruling by the California Supreme Court, referenced above.
Who sponsors AB 1626?
AB 1626 is sponsored by Irwin, Jacqui (Democratic).
What is the current status of AB 1626?
This bill died with 2017-2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1626?
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