Our Story

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 –”

45

46 The listing brokerage will seek the written

47 consent of the seller and the prospective

Page 655

1 buyer to continue to act as their Limited

2 dual agent to facilitate a sale of the

3 property.

4

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

22 responsibilities?

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