30 I didn’t make those rules.
31 Q You’re saying it says in there that you need to
32 get consent, informed consent, from the parties
33 until you have a written offer of purchase?
34 A Well, you’re — again, if you’re delving further
35 into this, there are two aspects of, you know, a
36 dual agency. One is what is a dual agency. The
37 second aspect is what provisions or what mechanics
38 you put in place when you’re enacting that
39 particular dual agency.
40 Q Okay. So here, which is what the Garniers signed
41 and the agreement with you, —
42 A Um-hum
43 Q — it doesn’t say what you’re saying and it
44 doesn’t say you’re — it says “will seek –”
46 The listing brokerage will seek the written
47 consent of the seller and the prospective
1 buyer to continue to act as their Limited
2 dual agent to facilitate a sale of the
5 So it says once you are acting — once you’ve
6 signed this, you’re obviously acting for the
7 Garniers, correct?
8 A As a — As a listing agent.
9 Q Right. And so with your interpretation of what
10 you thought timing and your written consent
11 necessity, did you talk to the Garniers about that
12 and explain that to them, why you felt you didn’t
13 need to get this written consent at that time.
14 A I didn’t need to get written consent at that time.
15 Again, we did not have an impending transaction.
16 If you read this, you’re — I would suggest you’re
17 misinterpreting this yourself. As the particular
18 point all I had was a potential buyer who had
19 expressed the possibility of putting in an offer
20 if the Garniers were interested in selling
21 Q That’s your legal interpretation of your
23 A That — That is the interpretation as to the
24 written instructions from the Working with a
25 REALTOR brochure and instructions from the
26 Licensee Practice Manual.
656 Raymond Hunter (a Third Party) Cross-exam by Mr.Davison
26 Q And when you talk about the Licensee Practice