California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 6 — Service, Chapter 3 — Service Without Employment, Article 2 — Duty to Prospective Purchaser of Real Property, Section 2079.21

(a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller.

(b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer.

(c) “Confidential information” means facts relating to the client’s financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered.

(d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price.

Notes

Prohibits a dual agent from disclosing a seller’s confidential information to the buyer, or the buyer’s confidential information to the seller, without that client’s express permission. Defines confidential information as financial position, motivations, bargaining position, or other personal information affecting price, and preserves the dual agent’s duties concerning confidential information other than price.

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