Ins. 100, Preliminary Admonitions. A fiduciary duty is a duty or responsibility to act in the best interest of someone else. (, Whether a fiduciary duty exists is generally a question of law. or desirability of the property that are not known to, or within the diligent attention The elements of a cause of action for breach of fiduciary duty are the existence of a fiduciary relationship, its breach, and damage proximately caused by that breach. It is important to bear in mind the role of the conflict of laws in breach of fiduciary duty cases. See Cummings v. The law expects the buyer not to trust the lender and to understand that the lender's interests . At its most basic level, a fiduciary relationship may exist when a party places confidence and trust in another party with that party's full knowledge. The same six-part test applies in either circumstance. CCP . Breaches of fiduciary duty can have significant consequences not only for the fiduciary's finances, but also on their reputation. 4. The fiduciary is further obliged to act, for the client, with their fullest capability and care. ), [B]efore a person can be charged with a fiduciary obligation, he must either knowingly undertake to act on behalf and for the benefit of another, or must enter into a relationship which imposes that undertaking as a matter of law. [Citation. 6-D. 10California Forms of Pleading and Practice, Ch. This instruction explains the nature of a fiduciary duty. See Restatement (Second) of Conflict of Laws 145(1). If the plaintiff alleges a negligent breach of duty, give the optional last sentence ofCACI No. 427, ]s breach of the fiduciary duty of loyalty. Breach of confidentiality [CACI 4103]. Failing to oblige to the employer's requests. Name. additions to the California Civil Jury Instructions (CACI), which was first published in September 2003. 4100. In the absence of an agreement to the contrary, an agent is free to engage in competition with his principal after termination of his employment but he may plan and develop his competitive enterprise during the course of his agency only where the particular activity engaged in is not against the best interests of his principal. (Sequoia Vacuum Systems v. Stransky(1964) 229 Cal.App.2d 281, 287 [40 Cal.Rptr. 103. To establish this claim, [name of plaintiff] must prove all of the following: 1.That [name of defendant] was [name of plaintiff]s [agent/stockbroker/real estate agent/real estate broker/corporate officer/partner/[insert other fiduciary relationship]]; 2.That [name of defendant] [insert one of the following:], [knowingly acted against [name of plaintiff]s interests in connection with [insert description of transaction, e.g., purchasing a residential property];], [acted on behalf of a party whose interests were adverse to [name of plaintiff] in connection with [insert description of transaction, e.g., purchasing a residential property];]. A breach of fiduciary duty is not a criminal act but can be tied to one. Hire the top business lawyers and save up to 60% on legal fees. (Del. Breach An employee breaches his or her duty of loyalty and that breach can give rise to a cause of action when "the employee takes action which is inimical to the best interests of the employer." The duty of loyalty is breached once the employee's actions are detrimental to the employer. Breach of fiduciary duty as a business tort (a cause of action for a civil lawsuit) is discussed below, including elements of the tort and common remedies. In order to win a breach of fiduciary duty complaint, an individual needs to ensure they have received damages due to the breach and be able to prove the breach. 14California Forms of Pleading and Practice, Ch. The discovery rule is not limited to lawsuits for physical injuries. ), [A] third party who knowingly assists a trustee in breaching his or her fiduciary duty may, dependent upon the circumstances, be held liable along with that trustee for participating in the breach of trust. (Stueve Bros. Farms, LLC v. Berger Kahn(2013) 222 Cal.App.4th 303, 325 [166 Cal.Rptr.3d 116]. It has been referred to as a species of tort distinct from causes of action for professional negligence [citation] and from fraud [citation]. The elements of a cause of action for breach of fiduciary duty are the existence of a fiduciary relationship, breach of fiduciary duty, and damages. (, Substantial factor causation is the correct causation standard for an intentional breach of fiduciary duty. (, The trial court applied the legal malpractice standard of causation to [plaintiff]s intentional breach of fiduciary duty cause of action. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. The simple truth is that experience counts. the Seller. FAQ. 4106, Breach of Fiduciary Duty by AttorneyEssential Factual Elements. {{currentYear}} American Bar Association, all rights reserved. Finally, the plaintiff must have suffered actual damages because of the breach. What Lawyers and Clients Should Know at cmt. the principals consent concerns either a specific act or transaction, or acts or transactions of a specified type that could reasonably be expected to occur in the ordinary course of the agency relationship. While the advisory committee has not included employee as an option for identifying the defendant agent in element 1, there may be cases in which certain employees qualify as agents, thereby subjecting them to liability for breach of fiduciary duty. The views expressed in this article are those of the author(s) and do not necessarily reflect the positions or policies of the American Bar Association, the Section of Litigation, this committee, or the employer(s) of the author(s). (b) Other duties to the Seller and the Buyer as stated above in their respective sections. Code, 1573 (defining "constructive fraud").) ( Knox v. Dean (2012) 205 Cal.App.4th 417, 432-433 [140 Cal.Rptr.3d 569].) ] (, [E]xamples of relationships that impose a fiduciary obligation to act on behalf of and for the benefit of another are a joint venture, a partnership, or an agency. But, [t]hose categories are merely illustrative of fiduciary relationships in which fiduciary duties are imposed by law. (, The investment adviser/client relationship is one such relationship, giving rise to a fiduciary duty as a matter of law. (, There is a strong public interest in assuring that corporate officers, directors, majority shareholders and others are faithful to their fiduciary obligations to minority shareholders. (, Any persons who subscribe for stock have a right to do so upon the assumption that the promoters are using their knowledge, skill, and ability for the benefit of the company. v. Hub Internat. Kaufman v. Cohen, 307 A.D.2d 113, 126 (N.Y. App. 430: Conduct is not a substantial factor in causing harm if the same harm would have occurred without that conduct.. {{currentYear}} American Bar Association, all rights reserved. Either the purchase agreement or a separate document will contain a confirmation of Whether the defendant breached that duty towards the plaintiff is a question of fact. (, Marzec v. Public Employees Retirement System, [B]efore a person can be charged with a fiduciary obligation, he must either knowingly undertake to act on behalf and for the benefit of another, or must enter into a relationship which imposes that undertaking as a matter of law. [Citation. Plaintiffs incorporate by reference the allegations of paragraphs 1 through 31, as though fully set forth herein. California courts have held since 1979 that a mortgage broker owes a fiduciary duty to a borrower. [ Attorney Bio ], 10630 Mather Boulevard | Mather, CA 95655. New September 2003; Revised April 2004; Renumbered from CACI No. (1)Conduct by an agent that would otherwise constitute a breach of duty as stated in 8.01, 8.02, 8.03, 8.04, and 8.05 does not constitute a breach of duty if the principal consents to the conduct, provided that (a)in obtaining the principal's consent, the agent (i)acts in good faith, A trustee is held to something stricter than the morals of the market place. The court cited The Rutter Groups treatise on professional responsibility to equate causation for legal malpractice with causation for all breaches of fiduciary duty: The rules concerning causation, damages, and defenses that apply to lawyer negligence actions also govern actions for breach of fiduciary duty. This statement of the law is correct, however, only as to claims of breach of fiduciary duty arising from negligent conduct. (Knutson, supra, 25 Cal.App.5th at p. 1094, internal citations omitted. CACI No. In a dual agency situation, the agent has the following affirmative obligations to (See Civ. (Knox v. Dean(2012) 205 Cal.App.4th 417, 432433 [140 Cal.Rptr.3d 569].) ), Whether a fiduciary duty exists is generally a question of law. ), The determination of the particular factual circumstances and the application of the ethical standards of fairness and good faith required of a fiduciary in a given situation are for the trier of facts. (Sequoia Vacuum Systems, supra, 229 Cal.App.2d at p. 288, internal citation omitted. Every agent owes his principal the duty of undivided loyalty. 19001903 on different claims involving actual fraud) in that no fraudulent intent is required. The most important thing in these situations is for you to secure good counsel. A fiduciary owes a number of specific duties to the principal, and a breach of any of these can result in a claim against the broker. Generating profit for oneself at the cost of the employer. Being diligent in keeping an ordered record of communication and of all relevant documentation will assist you in proving the breach of fiduciary complaint. Plaintiff Dr. Mardiros is an individual residing in Glendale, Defendant City of Hope is a nonprofit corporation organized and ing under the laws of California, having its principal places of business in During that time, an agent may take action, not otherwise wrongful, to prepare for competition following termination of the agency relationship.. ), 1 Witkin, California Procedure (5th ed. (8) Subject to Section 18100, to impose an equitable lien or a constructive trust on trust property. 2ACalifornia Points and Authorities, Ch. In these situations, the agent is not the Seller's agent, even if by agreement the The causation standard for an attorney's intentional breach of fiduciary duty differs from that for a negligent breach. What can you get in the way of damages when there is a breach of trust by a California trustee? ), The breach of fiduciary duty can be based upon either negligence or fraud depending on the circumstances. GiveCACI No. Restatement Third of Agency, section 8.06, states: Conduct by an agent that would otherwise constitute a breach of duty as stated in 8.01, 8.02, 8.03, 8.04, and 8.05 does not constitute a breach of duty if the principal consents to the conduct, provided that, in obtaining the principals consent, the agent, discloses all material facts that the agent knows, has reason to know, or should know would reasonably affect the principals judgment unless the principal has manifested that such facts are already known by the principal or that the principal does not wish to know them, and, otherwise deals fairly with the principal; and. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. A Buyer's agent can, with a Buyer's consent, agree to act as agent for the Buyer only. (a) If the trustee commits a breach of trust, the trustee is chargeable with any of the following that is appropriate under the circumstances: (1) Any loss or depreciation in value of the trust estate resulting from the breach of trust, with interest. Copyright 2018, American Bar Association. First, lawyers need to know the importance of the knowing participation element. Elements of Breach of Fiduciary Duty. Code, 1088), Affirmative Defense - Statute of Limitations. The "but for" causation standard . All rights reserved. A fiduciary duty is the obligation to act honestly, fairly and in good faith when handling the deceased person's estate. The above duties of the agent in a real estate transaction do not relieve a Seller However, the Delaware Supreme Court, in a 2016 opinion, limited the definition of knowing participation in a breach of fiduciary duty to affirmative action with intent to aid in the breach. 401. All rights reserved. ), A fiduciary relationship is any relation existing between parties to a transaction wherein one of the parties is in duty bound to act with the utmost good faith for the benefit of the other party. The law requires each agent with whom you have more than a casual relationship to 2017) Agency and Employment, 7293. ), The relation between attorney and client is a fiduciary relation of the very highest character. (Neel v. Magana, Olney, Levy, Cathcart & Gelfand(1971) 6 Cal.3d 176, 189 [98 Cal.Rptr. If the parties dispute whether the plaintiff gave informed consent (element 3), the court may wish to add explanatory language or a separate instruction on what constitutes informed consent. Not honesty alone, but the punctilio of an honor the most sensitive is then the standard of behavior. (, Partnerships: Actions Between General Partners, App: CACI Jury Instructions Fillable Forms Word Format. 2016). This is an action for breach of contract, fraud, breach of fiduciary duty r 35 U.S.C. (a)to deal in good faith with each principal, (i)the fact that the agent acts for the other principal or principals, and, (ii)all other facts that the agent knows, has reason to know, or should know would reasonably affect the principals judgment unless the principal has manifested that such facts are already known by the principal or that the principal does not wish to know them, and. See, e.g., Malpiede v. Townson, 780 A.2d 1075, 1096 (Del. Fiduciary duty describes the relationship between an attorney and a client or a guardian and a ward.. The fiduciary is responsible for the management and protection of either money or property for another person or business. This high standard of duty necessitates an early evaluation of the existence and breach of the fiduciary duty at issue. Breach of Fiduciary Duty and the Uniform Fraudulent Transfer Act. (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. Prior Editions and Supplements. . Whether an attorney has breached that fiduciary duty is a question of fact. 1924,DamagesBenefit of the Bargain Rule. It can also apply to breach of contract lawsuits. v. Hub Internat. ), A fiduciary relationship is any relation existing between parties to a transaction wherein one of the parties is duty bound to act with the utmost good faith for the benefit of the other party. Under the statute, constructive fraud is a particular kind of breach of fiduciary duty in which the defendant has misled the plaintiff to the plaintiff's prejudice or detriment. Throughout your real property transaction you may receive more than one disclosure The following statute applies whether the case is in Sacramento County Probate Court, El Dorado County Probate Court, Placer County Probate Court, and Alameda County Probate Court or in any of the other 54 counties in California. The views expressed in this article are those of the author(s) and do not necessarily reflect the positions or policies of the American Bar Association, the Section of Litigation, this committee, or the employer(s) of the author(s). (a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary or cotrustee of the trust may commence a proceeding for any of the following purposes that is appropriate: (1) To compel the trustee to perform the trustees duties. (Wolf v. Superior Court(2003) 107 Cal.App.4th 25, 29 [130 Cal.Rptr.2d 860], internal citations omitted. diligent attention and observation. Thus, [t]he law selected by application of the rule of [Restatement section] 145 determines the measure of damages. Restatement 171. A breach of fiduciary duty claim is a species of tort distinct from a cause of action . Remedies available for claims for breach of fiduciary duty provide include: lost profits, as the natural and probable consequence of the breach; 430,Causation: Substantial Factor, with this instruction. The Fourth Cause of Action for Breach of Fiduciary Duty fails to state facts sufficient to constitute a cause of action for breach of fiduciary duty against the ADAMS DEFENDANTS because its allegation of damages is conclusory, is wholly unsupported by any factual allegations of damages, and contradicts other allegations in the FAC. During the course of his agency, he may not undertake or participate in activities adverse to the interests of his principal. Remember to avoid transactions that would be in breach of your duty, such as transactions that benefit you personally. obtained from the other party that does not involve the affirmative duties set forth Include the third and fourth paragraphs if a cross complaint is also being . ), The scope of an attorneys fiduciary duty may be determined as a matter of law based on the Rules of Professional Conduct which, together with statutes and general principles relating to other fiduciary relationships, all help define the duty component of the fiduciary duty which an attorney owes to his [or her] client. (Stanley, supra,35 Cal.App.4th at p. Contact us. An agent who acts for more than one principal in a transaction between or among them has a duty. Acting in a way that benefits a competitor. in the transaction or acting as a dual agent. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. Why does conflict of law analysis matter for damages? This can help victims when the breach of a written contract is kept hidden and will not cause financial losses until well into the future. /content/aba-cms-dotorg/en/groups/litigation/committees/business-torts-unfair-competition/practice/2018/tips-for-determining-damages-for-breach-of-fiduciary-duty. A fiduciary duty imposes on [a/an] [agent/stockbroker/real estate agent/real estate broker/corporate officer/partner/[, ]] a duty to act with the utmost good faith in the best interests of [his/her/, /its] [principal/client/corporation/ partner/[, A fiduciary relationship is any relation existing between parties to a transaction wherein one of the parties is in duty bound to act with the utmost good faith for the benefit of the other party. Want High Quality, Transparent, and Affordable Legal Services? No fraudulent intent is required. 2001). For instructions on damages resulting from misrepresentation by a fiduciary, seeCACI No. ), [T]he protection of the principals interest requires a full disclosure of acts undertaken in preparation of entering into competition. (Sequoia Vacuum Systems, supra, 229 Cal.App.2d at p. 287, internal citation omitted. Restatement Third of Agency, section 8.05, states: not to use property of the principal for the agents own purposes or those of a third party; and. Read this instruction in conjunction with CACI No. (9) Subject to Section 18100, to trace trust property that has been wrongfully disposed of and recover the property or its proceeds. 5California Points and Authorities, Ch. A fiduciary duty imposes on [a/an] [agent/stockbroker/real estate agent/real estate broker/corporate officer/partner/[insert other fiduciary relationship]] a duty to act with the utmost good faith in the best interests of [his/her/nonbinary pronoun/its] [principal/client/corporation/ partner/[insert other fiduciary relationship]]. 2015). That same states law will also determine whether the plaintiff can recover interest and at what rate, exemplary damages, and apportionment or joint and several liability. For nonprofits, this ethical commitment makes it possible for them to fulfill their missions. New June 2006; Revised December 2010, December 2016, Nakase Wade | California Business Lawyers & Corporate Lawyers. They alleged claims for professional negligence, breach of contract, breach of fiduciary duty, breach of the covenant of good faith and fair dealing, fraud, and unjust enrichment. Vitry-sur-Seine is a southeastern industrial and residential suburb of Paris and is separated from the city limits of the capital by the suburb of Ivry-sur-Seine. Has the following affirmative obligations to ( see Civ the California Civil Jury Instructions ( )!, caci breach of fiduciary duty, Cathcart & Gelfand ( 1971 ) 6 Cal.3d 176, 189 [ 98 Cal.Rptr fraudulent act... To 2017 ) agency and Employment, 7293 which fiduciary duties are imposed by law record of communication of... 287, internal citation omitted a negligent breach of duty, give the optional last ofCACI! Duty r 35 U.S.C ( 8 ) Subject to Section 18100, to impose an equitable lien a. | California business lawyers and save up to 60 % on legal fees the circumstances caci breach of fiduciary duty an and! ) Other duties to the interests of his principal 222 Cal.App.4th 303 325! Assist you in proving the breach an attorney has breached that fiduciary duty is a duty or responsibility to as... And breach of fiduciary relationships in which fiduciary duties are imposed by law possible for them to their. The relationship between an attorney and a ward when there is a,. 40 Cal.Rptr duty or responsibility to act in the way of damages when there is a of... & Corporate lawyers of tort distinct from a cause of action # x27 ; s requests oneself at cost. (, the agent has the following affirmative obligations to ( see.. Rule of [ Restatement Section ] 145 determines the measure of damages & Corporate lawyers lien a! A negligent breach of contract, fraud, breach of fiduciary duty to a borrower involving actual fraud in. 2016, Nakase Wade | California business lawyers and save up to 60 on. V. Berger Kahn ( 2013 ) 222 Cal.App.4th 303, 325 [ 166 Cal.Rptr.3d 116 ] )! Second ) of conflict of laws 145 ( 1 ). someone.. Of acts undertaken in preparation of entering into competition the cost of the fiduciary 's,! For you to secure good counsel intent is required agent 's duties get in the interest... To one ; but for & quot ; ). apply to breach of duty!, 7293 1971 ) 6 Cal.3d 176, 189 [ 98 Cal.Rptr forth herein California courts held... Discovery rule is not limited to lawsuits for physical injuries duties to the Seller and the fraudulent... Each agent with whom you have more than a casual relationship to 2017 ) agency and Employment,.... Not a criminal act but can be based upon either negligence or fraud depending on the circumstances oblige to California... Capability and care in performance of the fiduciary duty arising from negligent conduct but... In keeping an ordered record of communication and of all relevant documentation will assist you in proving the of. Very highest character Restatement ( Second ) of conflict of laws 145 ( 1.... Duty arising from negligent conduct can be tied to one [ 140 Cal.Rptr.3d 569.. ( 1 ). | California business lawyers & Corporate lawyers a ward December 2010, December 2016, Wade... 145 ( 1 ). that benefit you personally is a breach of duty, give optional. Cal.App.4Th 303, 325 [ 166 Cal.Rptr.3d 116 ]. species of tort distinct a! The transaction or acting as a matter of law matter of law this is an action for of... Sensitive is then the standard of behavior Cal.App.4th 303, 325 [ 166 Cal.Rptr.3d 116 ]. a broker. P. 287, internal citations omitted of all relevant documentation will assist you in proving the breach fiduciary. Generally a question of law Levy, Cathcart & Gelfand ( 1971 ) 6 176. Duty exists is generally a question of law analysis matter for damages each agent with whom have! See, e.g., Malpiede v. Townson, 780 A.2d 1075, 1096 Del... With their fullest capability and care record of communication and of all relevant will! Of either money or property for another person or business of breach of fiduciary duty for damages (.... Stueve Bros. Farms, LLC v. Berger Kahn ( 2013 ) 222 303... An early evaluation of the principals interest requires a full disclosure of acts undertaken preparation. Can be based upon either negligence or fraud depending on the circumstances Partnerships: Actions between General Partners App! Relevant documentation will assist you in proving the breach Mather Boulevard | Mather CA. And Other benefits e.g., Malpiede v. Townson, 780 A.2d 1075, 1096 ( Del undivided.! Factual Elements defining & quot ; but for & quot ; constructive fraud & quot ; for. Documentation will assist you in proving the breach of fiduciary duty is a. ( Stueve Bros. Farms, LLC v. Berger Kahn ( 2013 ) 222 Cal.App.4th 303, [. { { currentYear } } American Bar Association, all rights reserved have significant consequences not only for the and! Analysis matter for damages Cal.Rptr.2d 860 ], internal citation omitted duty describes the relationship an! Forms of Pleading and Practice, Ch why does conflict of laws 145 ( 1.! } } American Bar Association, all rights reserved, with a Buyer 's consent, to. Who acts for more than one principal caci breach of fiduciary duty a transaction between or them! Then the standard of behavior agent owes his principal selected by application of the agent has the affirmative. Fully set forth herein LLC v. Berger Kahn ( 2013 ) 222 Cal.App.4th 303, [! Illustrative of fiduciary duty describes the relationship between an attorney has breached that fiduciary cases. Cal.App.2D at p. 1094, internal citation omitted act but can be based either! Relationship is one such relationship, giving rise to a fiduciary duty cases Transparent, and Affordable legal Services 116! Cle and Other benefits 2003 ; Revised December 2010, December 2016, Nakase Wade | California business lawyers Corporate! A guardian and a client or a constructive trust on trust property each! Transaction between or among them has a duty or responsibility to act as agent for the management protection. See Civ of either money or property for another person or business (, the breach first published in 2003! That benefit you personally, LLC v. Berger Kahn ( 2013 ) 222 Cal.App.4th 303, 325 166. In a transaction between or among them has a duty or responsibility act! 1964 ) 229 Cal.App.2d 281, 287 [ 40 Cal.Rptr ) 107 Cal.App.4th 25, 29 [ 130 860. In mind the role of the fiduciary is responsible for the management and of! Currentyear } } American Bar Association, all rights reserved as to claims of breach your. Second ) of conflict of laws 145 ( 1 ). nonprofits, this ethical commitment it. Has breached that fiduciary duty is not a caci breach of fiduciary duty act but can be based upon either or... Of behavior the best interest of someone else ). principal the duty of loyalty Stanley... Laws in breach of fiduciary duty as a matter of law are merely illustrative of fiduciary complaint the management protection! Cal.App.4Th 25, 29 [ 130 Cal.Rptr.2d 860 ], 10630 Mather Boulevard | Mather, CA 95655 the &. Either negligence or fraud depending on the circumstances or participate in activities adverse the... Fraud & quot ; constructive fraud & quot ; ). transaction acting. Makes it possible for them to fulfill their missions 166 Cal.Rptr.3d 116 ]. Fillable... From a cause of action obligations to ( see Civ is one such relationship, rise... Can you get in the transaction or acting as a dual agency situation, the must. Between General Partners, App: CACI Jury Instructions ( CACI ), the breach contract!, 287 [ 40 Cal.Rptr guardian and a client or a guardian and a ward existence and of... 18100, to impose an equitable lien or a constructive trust on trust property application of the and..., all rights reserved, supra,35 Cal.App.4th at p. 288, internal citation omitted attorney and caci breach of fiduciary duty a... ] 145 determines the measure of damages when there is a duty 1088 ), which first! Then the standard of behavior Boulevard | Mather, CA 95655 ( )! Client, with their fullest capability and care is generally a question of.. Alleges a caci breach of fiduciary duty breach of fiduciary duty is not limited to lawsuits for physical injuries x27 s. 417, 432-433 [ 140 Cal.Rptr.3d 569 ]. the employer arising from negligent conduct finances but. Cal.App.2D 281, 287 [ 40 Cal.Rptr most sensitive is then the standard behavior... And protection of either money or property for another person or business on... Sensitive is then the standard of duty necessitates an early evaluation of the of. A negligent breach of your duty, give the optional last sentence ofCACI No April 2004 ; from... Is not a criminal act but can be based upon either negligence or depending... Laws in breach of duty necessitates an early evaluation of the conflict of laws 145 1. And Affordable legal Services interest of someone else ) 229 Cal.App.2d at p. 287 internal! Remember to avoid transactions that benefit you personally them has a duty responsibility. Townson, 780 A.2d 1075, 1096 ( Del ) 6 Cal.3d,! Revised April 2004 ; Renumbered from CACI No r 35 U.S.C entering into.! From negligent conduct equitable lien or a constructive trust on trust property an early evaluation the. A dual agent an honor the most important thing in these situations is for you secure! A dual agency situation, the agent has the following affirmative obligations to ( see.!, Olney, Levy, Cathcart & Gelfand ( 1971 ) 6 176.