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:
20
21 To avoid potential misunderstandings and
22 prior to acting as dual agent …
23
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:
30
31 Licensees entering into a dual agency
32 agreement …
33
34 And the second sentence:
35
36 In order to avoid potential
37 misunderstandings and prior to acting as a
38 dual agent …”
39
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:
45
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.
2
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