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24 prospective buyer. Is that how you read it?

25 A Yes.

26 Q Okay.


28 — who becomes interested in the property —


30 And Ms.Hundley was interested in the

31 property at that time, correct?

32 A Correct.

33 Q

34 — the listing brokerage will seek the

35 written consent of the seller and the

36 prospective buyer to continue to act as a

37 limited dual agent to facilitate the sale of

38 the property.


40 So that says there that you need to get

41 written consent from the seller and the

42 prospective buyer, —

43 A That’s —

44 Q — correct?

45 A — correct.

46 Q And at this point in this meeting, you did not

47 have written consent from Ms. Hundley or the

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1 Garniers, correct?

2 A Because I was —

3 Q Mr. Hunter, I just need you to answer —

4 MR. BLANCHARD: Let him —


6 Q — that question.

7 MR. BLANCHARD: — explain, please.

8 MR. DAVISON: He can explain, but I’d like him to

9 answer the question.

10 Q Did you have written consent —

11 A At that —

12 Q — at that point?

13 A At that moment, no.

14 Q Okay. If you’d like to explain, go ahead.

15 A The — And again, the limited dual agency

16 situation as it’s explained in the Working with a

17 REALTOR brochure specifies that the brokerage with must

18 be acting for the buyer and the seller in the same

19 transaction. At this particular point in time

20 we’re missing one crucial ingredient, and that is

21 an impending transaction. So I have a prospective

22 buyer, I have — once this is signed I have a

23 listing with Mr. and Mrs. Garnier, but I do not

24 have an impending transaction.

25 Q So it’s your evidence that it’s only once you have

26 a deal that you need to get the parties to

27 consent, you know, under written —

28 A No, that is not my opinion. That is what is

29 prescribed in the Working with a REALTOR brochure.