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3 agreement goes into more detail about the dual

4 agency relationship than the Working with a

5 REALTOR brochure?

6 A Well, it — it specifies that the dual agency upon

7 signatures by both parties would be in effect and

8 it identifies the parties.

9 Q Right. So it says at that point there are the

10 responsibilities of the parties and these is what

11 you — these are what — this is what you can

12 expect from your agent, correct?

13 A Well, I don’t have that form in front of me at

14 the —

15 Q Okay.

16 A — moment, but I’ll take your word for it.

17 Q Okay. We can go through that.

18 I will go to that paragraph I’ve just read to

19 you again. It says:


21 To avoid potential misunderstandings and

22 prior to acting as dual agent …


24 So it doesn’t say prior to entering into a

25 contractual agreement or prior to getting an

26 offer; it says prior to acting, correct?

27 A Again, which paragraph?

28 Q Right where we were, and it’s a little bit past

29 halfway down the — the page. It starts off:


31 Licensees entering into a dual agency

32 agreement …


34 And the second sentence:


36 In order to avoid potential

37 misunderstandings and prior to acting as a

38 dual agent …”


40 So it doesn’t say prior to entering into a

41 contract of purchase and sale, correct?

42 A I’m just reading the paragraph, excuse me.

43 [Pause]

44 And goes on to say:


46 Licensees should review with each party the

47 limitations placed on an agent’s usual

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1 fiduciary duty in this agreement.


3 Which I did with the Garniers in going through

4 the Working with a REALTOR brochure.

5 Q And do you have any evidence other than your word

6 that that’s what you did?

7 A I don’t have any recorded, you know, notations, if

8 that’s what — literally — well, I didn’t have a