California Agency
Practice Questions & Answers (2026)

Agency law is one of the most tested subjects on the California real estate exam, and it's also one of the most misunderstood. The California Department of Real Estate (DRE) expects licensees to understand the legal duties owed to clients vs. customers, and the specific timing of required disclosures under California law. As a community property state, California also tests how agency relationships are affected when spouses are both parties to a transaction. Study these questions carefully — candidates who rely on national agency frameworks and don't account for CA-specific rules are among the most common failures on the state portion.

Practice Questions

California Agency — Practice Questions & Answers

158 questions on Agency from the California real estate question bank. First 10 are free — sign up to unlock all 158.

Q1. Which of the following best describes 'agency' in real estate?

A.A government body that regulates real estate
B.A fiduciary relationship where one party acts on behalf of another
C.A written contract between buyer and seller
D.A type of property ownership

Explanation

Agency is a fiduciary relationship in which an agent is authorized to act on behalf of a principal (client). The agent owes duties of loyalty, confidentiality, and care to the principal.

Q2. A buyer's agent owes which fiduciary duties to their client? (OLD CAR)

A.Obedience, Loyalty, Disclosure, Confidentiality, Accounting, Reasonable care
B.Only loyalty and confidentiality
C.Disclosure to both buyer and seller equally
D.No fiduciary duties — only fair dealing

Explanation

OLD CAR: Obedience, Loyalty, Disclosure, Confidentiality, Accounting, and Reasonable care are the six fiduciary duties an agent owes their client.

Q3. A dual agent represents:

A.Two buyers competing for the same property
B.Both the buyer and seller in the same transaction
C.A seller with two properties for sale
D.An agent licensed in two states

Explanation

Dual agency occurs when one agent (or brokerage) represents both the buyer and seller in the same transaction. It requires written consent from both parties in California.

Q4. When does an agency relationship typically terminate?

A.Only when the agent decides to end it
B.Upon completion of the purpose, mutual agreement, or expiration of the listing
C.After 90 days regardless of the listing terms
D.When the seller accepts an offer

Explanation

Agency terminates upon: completion of the purpose (sale closes), mutual agreement, expiration of the listing agreement, death or incapacity of either party, or destruction of the property.

Q5. What is a 'subagent' in real estate?

A.A part-time agent
B.An agent who represents the buyer
C.An agent who works under another agent's broker, representing the principal
D.A property manager

Explanation

A subagent is an agent who works under another broker and represents the same principal as that broker. The original broker is responsible for the subagent's actions.

Q6. Which of the following best describes an 'express agency'?

A.An agency created by the actions of the parties
B.An agency created by a written or oral agreement
C.An agency implied by law
D.An agency that cannot be terminated

Explanation

Express agency is created by an explicit written or oral agreement between the principal and agent — for example, a signed listing agreement.

Q7. An agent who acts beyond the scope of their authority may be liable for:

A.Nothing, as long as the deal closes
B.Breach of fiduciary duty
C.Antitrust violations
D.Tax evasion

Explanation

An agent who exceeds their authority can be liable for breach of fiduciary duty and may be personally liable for any resulting damages to the principal.

Q8. What is 'ratification' in agency law?

A.The termination of an agency agreement
B.After-the-fact approval of an unauthorized act by the principal
C.The creation of a new agency by law
D.A court order enforcing an agency agreement

Explanation

Ratification occurs when a principal approves or accepts an unauthorized act performed by an agent or a third party, making it binding as if it had been authorized from the start.

Q9. A seller's agent who learns the seller is willing to accept less than the listing price must:

A.Disclose this to the buyer immediately
B.Keep this information confidential from the buyer
C.Report it to the DRE
D.Disclose it in the MLS listing

Explanation

The duty of confidentiality requires a seller's agent to keep the seller's bottom-line price confidential from buyers. Disclosing it would be a breach of fiduciary duty.

Q10. A real estate agent must disclose their agency relationship to all parties:

A.Only at closing
B.As soon as practicable before the buyer or seller signs an offer
C.Only if asked by the client
D.Within 10 days of the first meeting

Explanation

California law requires agents to disclose their agency relationship (using the Agency Disclosure form) as soon as practicable before the buyer or seller signs any offer or listing agreement.

Q11. What is 'agency by estoppel'?

A.An agency created by written contract
B.An agency created when a principal leads a third party to believe an agency exists
🔒

148 more Agency questions

Create a free account to unlock all 158 California Agency questions with full explanations.

Free account · No credit card · Instant access to 25 questions

Ready to take the full exam? Start free.

25 free questions · No signup · Instant access to all California topics