Brown

Common sense and ancient wisdom join the law in teaching that an agent is not permitted to simultaneously serve two principals whose interests conflict about the matter served—at least, not without full disclosure and consent from both. In the context of brokered real estate transactions, this principle is codified in Civil Code sections 2079.14 and 2079.16, which we shall discuss. Defending against a motion for summary judgment, Harry Brown, the plaintiff in this case, presented evidence that: He wanted to sell residential real estate he owned; dealt with an agent and broker who, without his knowledge, also represented the buyer; was unaware of the dual agency until after the transaction had been completed; and upon learning about it, he promptly sued the agent and broker for monetary damages. The defendants were successful in their motion for summary judgment, and Brown appeals.

No issue is presented to us as to the scope of monetary relief, if any, to which Brown may be entitled should he be able to prove his casé. Defendants obtained summary judgment on two bases: that they did disclose the dual agency, and that, in any case, they are not responsible for any monetary…